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Friends of Pine Bush v. Planning Board of the City of Albany

450 N.Y.S.2d 966 (1982)

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Friends of Pine Bush v. Planning Board of the City of Albany

New York Supreme Court, Appellate Division

450 N.Y.S.2d 966 (1982)

Facts

In 1978 the Planning Board of the City of Albany (the board) (defendant) approved subdivision plats in Albany’s Pine Bush area. In response, Friends of Pine Bush (Friends) (plaintiff), which consisted of residents of the area, filed an action in New York state court against the board. Friends alleged that the board violated General City Law § 33 by approving the subdivision plats without following the statutory requirements of requiring the developer to provide for the improvements, i.e., the development of the subdivision, or provide a performance bond in order to ensure the planned improvements were executed. The board had waived this requirement in an effort to require the city, rather than the developers, to pay for the improvements. The board argued that it had authority to waive the performance-bond requirement and that General City Law chapter 523, which regulated already-established subdivisions, permitted the board to have the city pay for the improvements. The trial court dismissed Friends’ action. Friends appealed to the New York Supreme Court, Appellate Division.

Rule of Law

Issue

Holding and Reasoning (Mahoney, J.)

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