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Court Finds that 82 Year Old Filed Map Does Not Vest Rights to Subdivision

By Steven Silverberg and Katherine Zalantis

An attempt to circumvent planning board approval of a subdivision using a subdivision map filed in the county clerk?s office 1928 was rejected by the Appellate Division. In Matter of Atlantic Development LLC v. Town/Village of Harrison the court found that a 1923 provision of the local town code, still in effect in 1928, required town board approval for any subdivision and therefore the 1928 map, which had not received such approval, did not create a valid subdivision. The appellant had argued that the provisions of New York State Town Law section 276(2) grandfathered development of the 45 lot subdivision shown on the 1928 map. The cited provision permits continued development of a property which has at least 80% of a site developed and is shown on a subdivision map filed with the county clerk?s office prior to the appointment of a planning board by the town...continue to full post

Full post as published by New York Zoning and Municipal Law Blog on May 05, 2010 (boomark / email).