1. Home
  2. Browse Decisions
  3. N.Y.2d
  4. 76 N.Y.2d
  5. 76 N.Y.2d 460 (1990)
 

BAYSWATER v. PLANNING BD.

76 N.Y.2d 460 (1990)

In the Matter of Bayswater Realty & Capital Corp., Appellant, v. Planning Board of the Town of Lewisboro, Respondent.

Court of Appeals of the State of New York.

Decided July 10, 1990.

Attorney(s) appearing for the Case

Henry M. Hocherman, Robert F. Davis and Geraldine N. Lewis for appellant.

Charles B. McGroddy for respondent.

Terry Rice for New York Planning Federation, amicus curiae.

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

HANCOCK, JR., J.

Must a Town Planning Board in approving a cluster subdivision plat accept the open spaces created by the clustering process in satisfaction of its requirement that the developer either provide recreational land or pay a fee in lieu thereof? We hold that the Planning Board's authority is not so limited and that — provided it makes the determinations called for by Town Law § 277 (1...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases