Kamhi v. Town of Yorktown, 74 N.Y.2d 423 (1989)

A town can exercise its supersession authority to enact a local law that amends or overrides a provision of the Town Law, but only if it adheres to the formal requirements of the Municipal Home Rule Law, including explicitly stating its intention to amend or supersede the specific provision.

Summary

Kamhi, a property owner, challenged a Town of Yorktown local law that conditioned site plan approval for a multifamily residential development on the provision of parkland or a recreation fee. The Town argued the law was valid under its municipal home rule powers. The Court of Appeals held that while towns can use their supersession authority to modify Town Law provisions to meet local needs, the local law was invalid because it failed to explicitly state its intent to amend or supersede the relevant Town Law section, as required by the Municipal Home Rule Law.

Facts

Kamhi planned a condominium development in Yorktown. The Town Board approved his site plan, but conditioned it on payment of a $47,550