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TWIN LAKES DEV. v. MONROE

1 N.Y.3d 98 (2003)

801 N.E.2d 821

769 N.Y.S.2d 445

TWIN LAKES DEVELOPMENT CORP., Appellant, v. TOWN OF MONROE, Respondent.

Court of Appeals of the State of New York.

Decided November 20, 2003.

Attorney(s) appearing for the Case

James G. Sweeney, P.C., Goshen (James G. Sweeney of counsel), for appellant.

Drake, Sommers, Loeb, Tarshis, Catania & Liberth, PLLC, Newburgh (Stephen J. Gaba of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT and READ concur.

OPINION OF THE COURT

GRAFFEO, J.

The Town of Monroe requires applicants for residential subdivision permits to pay fees in lieu of dedicating a portion of their property for recreational purposes and to reimburse the Town for consulting costs incurred in processing the application. In this declaratory judgment action, plaintiff claims that these requirements equated to a taking of its property without just...

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