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New York Real Estate Law ReporterColumns & DepartmentsLandlord Tenant LawLitigation

Development

By ssalkin
January 01, 2019

Town Cannot Hold Back Building Permits as Financial Security

Joy Builders, Inc. v. Town of Clarkstown NYLJ 10/26/18, p. 25., col. 2 AppDiv, Second Dept. (memorandum opinion)

In developer's action for a judgment declaring a town code provision invalid, developer appealed from Supreme Court's order denying developer's summary judgment motion. The Appellate Division reversed and granted the motion, holding that the Town Law did not authorize the town code's provision authorizing the planning board to hold back building permits as financial security.

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