(Download) "Matter Carl Kamhi v. Planning Board Town Yorktown" by Court of Appeals of New York ~ eBook PDF Kindle ePub Free
eBook details
- Title: Matter Carl Kamhi v. Planning Board Town Yorktown
- Author : Court of Appeals of New York
- Release Date : January 07, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
Petitioner is the owner of residential land in the Town of Yorktown which he wishes to subdivide and develop. The respondent planning board has approved his proposal but it requires as a condition of approval that he convey approximately 40% of the land to the town for park purposes. Petitioner brings this proceeding to annul that condition. Special Term granted his petition and remitted the matter to the planning board to "affix reasonable conditions to insure the preservation of the open spaces" short of an uncompensated grant. The Appellate Division reversed and dismissed the petition. The issue is whether subdivision (d) of section 281 of the Town Law grants respondent power to compel conveyance of the land for park purposes without compensation. We hold that it does not.