Legal Opinion

Town of Concord v. Duwe

New York Court of Appeals

Decided May 10, 2005PublishedCited by 19 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the County Court should be affirmed.

Defendant occupies property in the town of Concord zoned for residential-agricultural use. In the fall of 2000, having learned that defendant intended to operate a commercial composting facility on the premises, the Town Compliance Enforcement Officer (CEO) served defendant with a letter declaring that the proposed use violated various Town ordinances. Defendant unsuccessfully appealed to the local Zoning Board, claiming that his composting was within the zoning ordinance’s definition of agricultural use of…

2Cases cited3 opinions

  1. People v. StuartNew York Court of Appeals · 2003
  2. Van Wagner Advertising Corp. v. S & M EnterprisesNew York Court of Appeals · 1986
  3. Monroe-Livingston Sanitary Landfill, Inc. v. Town of CaledoniaNew York Court of Appeals · 1980

3Cited by19 opinions

  1. Trump On Ocean, LLC v. StateAppellate Division of the Supreme Court of the State of New York · 2010
  2. Matter of Sanchez v. Jacobi Med. Ctr.Appellate Division of the Supreme Court of the State of New York · 2020
  3. Matter of Troy Sand & Gravel Co., Inc. v. FlemingAppellate Division of the Supreme Court of the State of New York · 2017
  4. Rural Community Coalition, Inc. v. Village of BloomingburgAppellate Division of the Supreme Court of the State of New York · 2014
  5. M.H. Mandelbaum Orthotic & Prosthetic Services, Inc. v. WernerAppellate Division of the Supreme Court of the State of New York · 2015

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