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MTR OF KAMHI v. PLANNING BD

89 A.D.2d 111 (1982)

In the Matter of Carl Kamhi, Respondent, v. Planning Board of the Town of Yorktown, Appellant

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

October 12, 1982

Attorney(s) appearing for the Case

Arthur J. Selkin, Town Attorney for appellant.

Cuddy & Feder (Ruth E. Roth of counsel), for respondent.

MOLLEN, P. J., TITONE and WEINSTEIN, JJ., concur.

RUBIN, J.

This case squarely presents the issue of how far a town planning board may go in imposing conditions on approval of cluster subdivision plats pursuant to section 281 of the Town Law.1 Specifically, the question presented is whether a town planning board has the legal authority under section 281 to condition approval of a subdivision plat on the mandated dedication of open...

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