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Strasbourg Realty Co. v. City of New York

Appellate Division of the Supreme Court of New York, First Department
May 4, 1993
193 A.D.2d 358 (N.Y. App. Div. 1993)

Summary

holding that where zoning amendment was adopted on condition that applicant execute a restrictive covenant, the covenant was enforceable

Summary of this case from Wilson v. Town of Tuxedo (In re Tuxedo Land Trust, Inc.)

Opinion

May 4, 1993

Appeal from the Supreme Court, New York County (Eugene L. Nardelli, J.).


We agree with the IAS Court that paragraph 5.01 of the restrictive declaration was not triggered by adoption of the Quality Housing amendments to the C6-2A districts. Plaintiffs obtained a zoning change to C6-2A specifically on condition that they execute the restrictive declaration. Paragraph 5.01 thereof would allow removal of the restrictions in the declaration if the subject property were not developed and the C6-2A zoning designation were changed to another or where the C6-2A zoning designation was substantially changed. Here, the additional requirements of the Quality Housing amendments do not affect bulk development to any significant degree and while it has some effect on density, it cannot be deemed substantial in view of the fact that when the zoning amendment change was approved, plaintiffs were not guaranteed any specific density allowance. In sum, the Quality Housing amendments simply continued and added further zoning requirements to all C6-2A areas and do not vitiate the very restrictive declaration which was needed to allow for development of residential buildings in this community in the first place.

Concur — Murphy, P.J., Sullivan, Wallach, Ross and Kassal, JJ.


Summaries of

Strasbourg Realty Co. v. City of New York

Appellate Division of the Supreme Court of New York, First Department
May 4, 1993
193 A.D.2d 358 (N.Y. App. Div. 1993)

holding that where zoning amendment was adopted on condition that applicant execute a restrictive covenant, the covenant was enforceable

Summary of this case from Wilson v. Town of Tuxedo (In re Tuxedo Land Trust, Inc.)

holding that where zoning amendment was adopted on condition that applicant execute a restrictive covenant, the covenant was enforceable

Summary of this case from Wilson v. Town of Tuxedo, the Town Bd. of the Town of Tuxedo, the Planning Bd. of the Town of Tuxedo, David Maikisch Inspector of the Town of Tuxedo, & Tuxedo Reserve Owner, LLC (In re Application of Tuxedo Land Trust, Inc.)
Case details for

Strasbourg Realty Co. v. City of New York

Case Details

Full title:STRASBOURG REALTY COMPANY et al., Appellants, v. CITY OF NEW YORK et al.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 4, 1993

Citations

193 A.D.2d 358 (N.Y. App. Div. 1993)
597 N.Y.S.2d 57

Citing Cases

Wilson v. Town of Tuxedo, the Town Bd. of the Town of Tuxedo, the Planning Bd. of the Town of Tuxedo, David Maikisch Inspector of the Town of Tuxedo, & Tuxedo Reserve Owner, LLC (In re Application of Tuxedo Land Trust, Inc.)

And it is not unlawful for a municipality to require that an applicant donate land or property rights or…

Wilson v. Town of Tuxedo (In re Tuxedo Land Trust, Inc.)

And it is not unlawful for a municipality to require that an applicant donate land or property rights or…