Jenad, Inc. v. Village of Scarsdale

Summary

The New York Court of Appeals held that Village Law §179-1 validly authorizes a village to require park dedication or, in appropriate cases, to impose a monetary fee in lieu of such dedication, and that the fee is not an unconstitutional tax or taking. The court reversed the lower court's summary‑judgment dismissal; Justice Van Voorhis dissented, arguing the fee is an unlawful tax.