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WEINGARTEN v. LEWISBORO

144 Misc.2d 849 (1989)

Victor Weingarten et al., Plaintiffs, v. Town of Lewisboro, Defendant.

Supreme Court, Westchester County.

May 24, 1989

Attorney(s) appearing for the Case

Shamberg, Marwell, Cherneff & Hocherman, P. C., for plaintiffs. McCarthy, Fingar, Donovan, Drazen & Smith for defendant.

HAROLD L. WOOD, J.

This is an action for declaratory judgment wherein the plaintiffs, landowners-developers of real property in the Town of Lewisboro, have challenged the constitutionality of section 277 (1) of the Town Law and section 44.15 of the Town of Lewisboro Land Development Regulations. The statute and regulation authorize the Planning Board of the town to require payment of money in lieu of reservation...

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