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RIEGERT APTS v. PLANNING BD

105 Misc.2d 298 (1979)

Riegert Apartments Corp., Petitioner, v. Planning Board of the Town of Clarkstown et al., Respondents.

Supreme Court, Rockland County.

July 16, 1979.

Attorney(s) appearing for the Case

Shapiro & Goodfriend for petitioner. Murray Jacobson, Town Attorney, for Town of Clarkstown, respondent.

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...

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