New York Court of Appeals
In the Matter of Ruth Golden v. Planning Board of the Town of Ramapo, Appellants Rockland County Builders…
May 3, 197230 N.Y.2d 359
Summary
The New York Court of Appeals held that the Town of Ramapo's 1969 zoning amendments, which condition subdivision approval on the attainment of specified municipal facilities and impose temporary timing restrictions, are a valid exercise of the town's zoning authority under Town Law §§261 and 263 and do not constitute an unconstitutional taking. Accordingly, the Court reversed the Special Term's dismissal and remanded for entry of a judgment declaring section 46-13.1 constitutional. A dissent argued that the ordinance exceeds the municipality's delegated powers and amounts to an unlawful moratorium on development. The dissent was authored by Justice Breitel.