Maloco Realty Corp. v. Town of Brookhaven Planning Board

In a proceeding pursuant to article 78 of the CPLR to review respondent’s determination approving petitioner’s application for a certain land subdivision, but conditioning the approval upon petitioner’s paying a “drainage contribution” ($7,000, on the basis of about $1,200 per acre), petitioner appeals from a judgment of the Supreme Court, Suffolk County, entered October 22, 1968, which vacated the determination but remanded the matter to respondent for reconsideration. Judgment affirmed, without costs. In our opinion, in the special circumstances of this case, the “drainage contribution ”…