RIEGERT APTS v. PLANNING BD


57 N.Y.2d 206 (1982)

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

Court of Appeals of the State of New York.

Decided October 14, 1982.


Attorney(s) appearing for the Case

Milton B. Shapiro and Herman M. Pogul for appellant.

John A. Costa, Town Attorney (Harold Y. MacCartney, Jr., of counsel), for respondents.

Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER concur; Judge GABRIELLI taking no part.


Chief Judge COOKE.

Although the Town Law accords towns broad powers to regulate the development of both subdivisions and individual sites, the authority for approving subdivision plats is discrete from that for approving individual site plans. Thus, although a town may require that, before approving a plat, either land or money-in-lieu-of-land be delivered to the municipality for developing parks, no such conditions...

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