AFFILIATED HOMES, INC. v. TOWN OF ISLIP


51 A.D.2d 987 (1976)

Affiliated Homes, Inc., Appellant, v. Town of Islip et al., Respondents

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

March 8, 1976


Judgment affirmed, with costs.

The record discloses that plaintiff formally submitted only one site plan for an industrial building, and that said plan was rejected, in part, because of legitimate planning considerations with respect to a proposed road. In view of the town's valid basis for disapproval of plaintiff's plan, and plaintiff's failure to make any further attempt to secure approval of an industrial building, it cannot be said that the town willfully withheld...

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