Legal Opinion
Spring Valley Gardens Associates v. Marrero
New York Court of Appeals
Decided June 5, 1986PublishedCited by 11 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The judgment appealed from and the Appellate Division order brought up for review should be affirmed for the reasons stated in the opinion of Justice David T. Gibbons at the Appellate Division.
We note, however, that although it should generally be presumed that the Legislature has investigated and found sufficient facts to support the legislation, that presumption cannot be applied in a case such as this where the implementing legislation requires the local legislative body to first make a particular factual finding. In this case that finding was adequately made.
2Cited by11 opinions
- Bankr. L. Rep. P 71,659 in Re Berry Estates, Inc., D/B/A Blueberry Hill Management Corp., Debtor. Berry Estates, Inc. v. State of New York, Hon. Edward Regan, Comptroller of the State of New York, State Capitol v. Berry Estates, Inc.Court of Appeals for the Second Circuit · 1987
- Hudson Shore v. State of New YorkCourt of Appeals for the Second Circuit · 2025
- Executive Towers at Lido, LLC v. City of Long BeachAppellate Division of the Supreme Court of the State of New York · 2007
- Berry Estates, Inc. v. New YorkCourt of Appeals for the Second Circuit · 1987
- Kaplen v. Town of HaverstrawAppellate Division of the Supreme Court of the State of New York · 1987
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