New York Court of Appeals
Carl Kamhi v. Town of Yorktown
October 26, 198974 N.Y.2d 423
Summary
The New York Court of Appeals affirmed the Appellate Division, holding that while the Town of Yorktown has substantive authority under Municipal Home Rule Law to condition site‑plan approval on parkland or a monetary equivalent, Local Law No. 6 is invalid because it failed to meet the formal procedural requirements of Municipal Home Rule Law § 22. Justice Simons, in a separate concurrence, disagreed with the majority’s view of the supersession authority.