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New York Impact Fees: Unconstitutional?
A developer challenging two fees imposed by a town as part of the price of obtaining subdivision approval claimed in its suit that the Town of Monroe's Local Law 3 was unconstitutional. The developer's claim was rejected by the Second Department in Twin Lakes Development Corp. v. Town of Monroe (see page 3). Although the court's conclusion was not surprising in light of past judicial treatment of impact fees, the case presents the opportunity for a reconsideration of New York's treatment of such fees.
The Twin Lakes Case
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