ALBANY BLDRS. v. GUILDERLAND


74 N.Y.2d 372 (1989)

Albany Area Builders Association et al., Respondents, v. Town of Guilderland, Appellant.

Court of Appeals of the State of New York.

Decided October 26, 1989.


Attorney(s) appearing for the Case

Kenneth D. Runion for appellant.

James T. Potter and Kirk M. Lewis for respondents.

A. Kevin Crawford and Donna M. C. Giliberto for the Association of Towns of the State of New York and another, amici curiae.

Terry Rice for the New York Planning Federation and another, amici curiae.

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


KAYE, J.

The Town Board of defendant Town of Guilderland, a suburban community in Albany County, has projected that its population will increase substantially during the next 20 years, that such an increase will directly and adversely affect the existing transportation network, and that the road system would have to be expanded. The Board further found that current revenue sources were insufficient to fund the...

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