Legal Opinion

New York Trap Rock Corp. v. Town of Clarkstown

New York Court of Appeals

Decided April 14, 1949PublishedCited by 57 opinions

1Opinion of the CourtConway, J.

This action was brought by the plaintiff corporation to secure an adjudication that a building zone ordinance of the Town of Clarkstown is void and of no effect as to certain of plaintiff’s land in the Town and to enjoin the defendants from enforcing the ordinance as to such land. The defendants are the Town of Clarkstown (hereafter referred to as Town), the Town board as well as the individual members thereof, and the building inspector of the Town. We are not here concerned with the sufficiency of the facts alleged in the complaint to constitute a cause of action.

In their answer, the…

2Cases cited9 opinions

  1. Village of Carthage v. . FrederickNew York Court of Appeals · 1890
  2. People Ex Rel. Copcutt v. . Board of HealthNew York Court of Appeals · 1893
  3. Dixon v. New York Trap Rock Corp.New York Court of Appeals · 1944
  4. Village of Haverstraw v. . EckersonNew York Court of Appeals · 1908
  5. Village of Oxford v. . WilloughbyNew York Court of Appeals · 1905

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3Cited by57 opinions

  1. New York State National Organization for Women v. TerryCourt of Appeals for the Second Circuit · 1989
  2. City of New York v. Smokes-Spirits.Com, Inc.New York Court of Appeals · 2009
  3. P.T. Bank Central Asia v. ABN AMRO Bank N.V.Appellate Division of the Supreme Court of the State of New York · 2003
  4. Burns Jackson Miller Summit & Spitzer v. LindnerAppellate Division of the Supreme Court of the State of New York · 1982
  5. City of New York v. Milhelm Attea & Bros., Inc.District Court, E.D. New York · 2008

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