Legal Opinion

Applebaum v. Town of Oyster Bay

New York Court of Appeals

Decided December 16, 1992PublishedCited by 7 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

The appellant Town of Oyster Bay imposes a "special ad valorem levy,” as defined by section 102 of the Real Property Tax Law, on real property owned by plaintiffs within the Town. These owners are not serviced by the Town’s garbage collection district. Plaintiffs own property in a development which was formed as a homeowners association. As a condition for zoning and planning approval by the Town of Oyster Bay and the County of Nassau, the predecessor in title to plaintiffs’ properties entered…

2Cases cited4 opinions

  1. Sperry Rand Corp. v. Town of North HempsteadNew York Supreme Court · 1967
  2. Sperry Rand Corp. v. Town of North HempsteadAppellate Division of the Supreme Court of the State of New York · 1968
  3. Sperry Rand Corp. v. Town of North HempsteadNew York Court of Appeals · 1968
  4. Landmark Colony at Oyster Bay Homeowners' Ass'n v. Town of Oyster BayAppellate Division of the Supreme Court of the State of New York · 1988

3Cited by7 opinions

  1. New York Telephone Co. v. Supervisor of Town of Oyster BayNew York Court of Appeals · 2005
  2. New York Telephone Co. v. Supervisor of Town of Oyster BayAppellate Division of the Supreme Court of the State of New York · 2004
  3. Barclay Townhouse at Merrick II Corp. v. Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 2001
  4. Long Island Lighting Co. v. Office of SupervisorAppellate Division of the Supreme Court of the State of New York · 1996
  5. J.C. Penney Co. v. Town of Oyster BayAppellate Division of the Supreme Court of the State of New York · 2003

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