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KAMHI v. TOWN OF YORKTOWN

59 N.Y.2d 385 (1983)

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

Court of Appeals of the State of New York.

Decided July 7, 1983.

Attorney(s) appearing for the Case

Stuart R. Shamberg, Robert F. Davis, Ruth E. Roth and Thomas R. Beirne for appellant.

Arthur J. Selkin, Town Attorney, for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER and MEYER concur.

SIMONS, J.

Petitioner is the owner of residential land in the Town of Yorktown which he wishes to subdivide and develop. The respondent planning board has approved his proposal but it requires as a condition of approval that he convey approximately 40% of the land to the town for park purposes. Petitioner brings this proceeding to annul that condition. Special Term granted his petition and remitted the matter...

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