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LONG CLOVE, LLC v. TOWN OF WOODBURY

303 A.D.2d 383 (2003)

755 N.Y.S.2d 666

LONG CLOVE, LLC, Appellant, v. TOWN OF WOODBURY, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided March 3, 2003.

Ordered that the order is affirmed, with costs.

The plaintiff owns a clustered residential subdivision of 82 units in the Town of Woodbury. Local Law No. 2 of 1989 of the Town of Woodbury (hereinafter Local Law No. 2) authorized the exaction of a $1,500 per lot parkland fee from the plaintiff in lieu of donating parkland to the Town.

After the plaintiff established its entitlement to summary judgment as a matter of law (see Winegrad v New York Univ. Med...

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