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TPK. WOODS, INC. v. TOWN OF STONY POINT

70 N.Y.2d 735 (1987)

Turnpike Woods, Inc., Appellant, v. Town of Stony Point et al., Respondents.

Court of Appeals of the State of New York.

Decided September 17, 1987.

Attorney(s) appearing for the Case

Robert H. Freilich and Joel L. Scheinert for appellant.

James A. Fitzgerald and Jeanne M. Hurley for respondents.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the judgment of Supreme Court reinstated insofar as it directed the Town Clerk to issue to petitioner a certificate of approval pursuant to Town Law § 276 (4).

While towns may impose certain restrictions and conditions on the use and development of land pursuant to the appropriate legislative...

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