WEINGARTEN v. TOWN OF LEWISBORO


77 N.Y.2d 926 (1991)

Victor Weingarten et al., Appellants, v. Town of Lewisboro, Respondent.

Court of Appeals of the State of New York.

Decided April 4, 1991.


Attorney(s) appearing for the Case

Stuart R. Shamberg and Adam L. Wekstein for appellants.

Robert M. Redis and James G. Fine for respondent.

Robert Abrams, Attorney-General (Frederic L. Lieberman of counsel), in his statutory capacity under Executive Law § 71.

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 modified, with costs, by dismissing the complaint.

Plaintiff developers' declaratory judgment action challenges the constitutionality of a statute and regulation allowing defendant's Planning Board to require a $5,000 per lot recreation fee as a condition of subdivision approval. While acknowledging that some fee may be exacted, plaintiffs claim that the amount...

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