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IN THE MATTER OF DAVIES FARM, LLC v. PLANNING BOARD OF TOWN OF CLARKSTOWN

54 A.D.3d 757 (2008)

864 N.Y.S.2d 84

In the Matter of DAVIES FARM, LLC, Appellant, v. PLANNING BOARD OF TOWN OF CLARKSTOWN, Respondent.

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

September 9, 2008.

Ordered that the judgment is affirmed, with costs.

Contrary to the petitioner's contentions, the Supreme Court properly rejected its claim that the determination of the Planning Board of the Town of Clarkstown (hereafter the Planning Board) to impose a fee in lieu of parkland dedication was arbitrary and capricious because it was made at the time of final subdivision plat approval, when the Planning Board had already granted preliminary subdivision plat approval without...

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