The firm obtained a reversal of a judgment granting the relief sought in the Article 78 Petition. The Petition challenged the Town of Victor Planning Board’s authority to impose a recreation fee on a developer. The Court ruled that the lower court erred in concluding that The Planning Board could not set a recreation fee after the development had been built. This was the second time the firm obtained a reversal on appeal in this case. The first reversal occurred on August 20, 2010, in the case of Legacy at Fairways, LLC v. McAdoo, 76 AD3d 786 (4th Dep’t 2010).
Legacy at Fairways, LLC, et al. v. The Planning Board of the Town of Victor, 112 AD3d 1289 (4th Dep’t 2013)
by nextAdmin1 | Jul 30, 2013 | Cases