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).
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