In the Matter of Bernard J. Brous, against Arthur B. Smith, as Building and Zoning Inspector of the Town of Islip

Summary

The New York Court of Appeals affirmed the lower court's dismissal, holding that section 280-a of the Town Law, which requires landowners to construct or bond for access roads before issuing building permits, is a constitutional exercise of the police power and does not violate the takings clause of the New York Constitution. The court reasoned that the regulation serves important public health, safety, and welfare interests and provides mechanisms to relieve undue hardship.