Local governments typically impose conditions on developers and property owners before they are willing to approve a development project. When those conditions relate to the specific property that is the subject of an application for a permit or zoning change, municipalities have a great deal of room to act. However, when those conditions relate to property other than the particular property that is the subject of an application, their authority is significantly reduced. Consider a decision issued in late January by the Supreme Court, Orange County, in Matter of Application of Enlarged City School District of Middletown v. City of Middletown.1
The case arose after the Enlarged City School District of Middletown decided it had to construct a new elementary school building to accommodate an expected surge in elementary school enrollment within the district. The district planned to construct the new school on a site adjacent to another of its buildings, which it proposed to demolish. Given the proximity of the proposed building to the building it intended to demolish, the district’s plans provided that the proposed building would be connected to the existing sewer pipeline that served the other building.
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