New York Court of Appeals
Jewish Reconstructionist Synagogue of the North Shore, Inc., Respondent-Appellant v. Incorporated Village of Roslyn…
June 15, 197640 N.Y.2d 158
Summary
The Court of Appeals affirmed that a village may require applicants for variances and special use permits to reimburse the village for actual, reasonably necessary costs such as advertising, engineering, inspection, and recording fees, but held that the village may not charge applicants for legal fees, transcript copying, or hall rental because the ordinance exceeded the village's implied statutory authority. Justice Jasen dissented, arguing that all such expenses were reasonably necessary and should be reimbursable.