Legal Opinion

Lake Illyria Corp. v. Town of Gardiner

Appellate Division of the Supreme Court of the State of New York

Decided February 7, 1974PublishedCited by 5 opinions

1Opinion of the CourtHerlihy, P. J.

This is an appeal from an order of the Supreme Court at Special Term, entered October 30, 1972 in *387Ulster County, which denied plaintiff’s motion for summary judgment.

Plaintiff is the owner of certain real property located along Route 299 in the Town of Gardiner, Ulster County, State of New York. Starting in 1968 the respondent Town Board annually enacted local laws prohibiting any use of property for anything except residential purposes unless a variance was approved by the Town Board. At the time this action was commenced, the applicable ordinance was effective for one year from January…

2Cases cited3 opinions

  1. Rodgers v. Village of TarrytownNew York Court of Appeals · 1951
  2. Rubin v. McAleveyNew York Supreme Court · 1967
  3. Lo Conti v. City of UticaNew York Supreme Court · 1966

3Cited by5 opinions

  1. Arnold Bernhard & Co. v. Planning & Zoning CommissionSupreme Court of Connecticut · 1984
  2. Thomas E. Schafer, Jr., Charles A. Byrne, III v. The City of New Orleans, and New Orleans City Council, Intervenor-AppelleeCourt of Appeals for the Fifth Circuit · 1984
  3. Duke v. Town of HuntingtonNew York Supreme Court · 1991
  4. Informal Opinion No., New York Attorney General Reports1987
  5. Informal Opinion No., New York Attorney General Reports1989

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