Riegert Apartments Corp. v. Planning Board of Clarkstown

OPINION OF THE COURT

Theodore A. Kelly, J.

This is a CPLR article 78 proceeding for judgment annulling the determination of the Planning Board of the Town of Clarkstown, which required petitioner to pay money in lieu of land as a condition for obtaining site plan approval to erect an apartment complex.

Petitioner owns a parcel of land in the Town of Clarkstown containing 3.7 acres. The property was formerly owned by Raymond C. Riegert, Jr. and Nanette Riegert (hereinafter the Riegerts). On May 10, 1974 the Riegerts petitioned to the Clarkstown Town Board for a zone change from R-15 (single…