Legal Opinion
MATTER OF ASPEN CREEK ESTATES, LTD. v. Town of Brookhaven
New York Court of Appeals
Decided February 17, 2009PublishedCited by 17 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The judgment of the Appellate Division should be affirmed, with costs. The certified question should not be answered upon the ground that it is unnecessary.
Petitioner contends that the United States Supreme Court’s decision in Kelo v New London (545 US 469 [2005]), which dealt with takings for purposes of economic development, requires a preexisting farmland preservation plan to justify the taking of its property as a public use within the meaning of the Fifth Amendment (see US Const Amend V [“nor shall private property be taken for public use, without just…
2Cases cited1 opinion
- Kelo v. City of New LondonSupreme Court of the United States · 2005
3Cited by17 opinions
- Syracuse University v. Project Orange Associates Services Corp.Appellate Division of the Supreme Court of the State of New York · 2010
- Goldstein v. New York State Urban Development Corp.Appellate Division of the Supreme Court of the State of New York · 2009
- Zutt v. StateAppellate Division of the Supreme Court of the State of New York · 2012
- 265 Penn Realty Corp. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
- Gabrielli v. Town of New PaltzAppellate Division of the Supreme Court of the State of New York · 2012
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