MALOCO REALTY CORP. v. TOWN OF BROOKHAVEN PLANNING BD.


34 A.D.2d 999 (1970)

Maloco Realty Corp., Appellant, v. Town of Brookhaven Planning Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 22, 1970


Judgment affirmed, without costs.

In our opinion, in the special circumstances of this case, the "drainage contribution" demanded does not qualify as an "appropriate" condition for waiving the drainage requirements of the subdivision regulations (Town Law, § 277, subd. 3), in that the stipulated sum does not represent a uniform area rate applicable to every development and keyed to the actual and contemplated expenditures by the municipality for the purpose of...

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