MATTER OF GARDEN STATE HOMES, INC. v. HEUSNER


60 A.D.2d 703 (1977)

In the Matter of Garden State Homes, Inc., Appellant, v. Harold A. Heusner et al., Constituting The Planning Board and Zoning Commission of the Town of Niskayuna, Respondent

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

December 22, 1977


Petitioner is involved in the residential development of some 16 acres of land in the Town of Niskayuna. A plan incorporating a cul-de-sac or permanent deadend road was submitted to the planning board for approval. It was rejected on the ground that the cul-de-sac was in excess of 1,400 feet and a subdivision regulation restricted same to 500 feet. This article 78 proceeding was brought seeking to annul the board's rejection and to compel approval of the plan. Special Term...

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