Joseph v. Planning Board of Yorktown

*671Assuming, arguendo, that the planning board had the authority to require, as a condition to approval of the subdivision plat designed in accordance with cluster development (Town Law § 281), the payment of a sum of money in lieu of the reservation of land suitable for recreational purposes (see, Town Law § 277), the planning board exercised that authority in an arbitrary and capricious manner. The fact that the petitioners were granted preliminary plat approval without requiring such a payment represents a determination by the planning board that the land the petitioners dedicated as parkland…