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HOLMES v. PLANNING BD.

78 A.D.2d 1 (1980)

William Holmes et al., Appellants, v. Planning Board of the Town of New Castle, Respondent

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

November 17, 1980

Attorney(s) appearing for the Case

Shamberg Bender & Marwell, P. C. (Stuart R. Shamberg and Robert F. Davis of counsel), for appellants.

Lawrence Dittelman for respondent.

HOPKINS and MANGANO, JJ., concur with TITONE, J; MOLLEN, P.J., dissents and votes to affirm the judgment, with an opinion.

TITONE, J.

On appeal this court must determine the reasonableness of a condition which was imposed by the Planning Board of the Town of New Castle as a requisite of its approval of the site plan submitted by the petitioners. The condition is based on a limited goal plan, entitled the King Street Hill Area Site Plan. The plan is circumscribed in scope and area. Its goal is to provide a partial solution to the problem...

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