Smith v. Mendon, Town of
Citation: 35 ELR 20001
No. No. 177, (N.Y., 12/21/2004)
New York's highest court holds that a municipality does not commit an unconstitutional taking when it conditions site plan approval on landowners' acceptance of a development restriction consistent with the municipality's preexisting conservation policy. The restriction would not appreciably diminish the value of the property, let alone deny the landowners economically viable use of it. Further, the conservation restriction substantially advances a legitimate government purpose--environmental preservation.