Legal Opinion
Town of Islip v. F. E. Summers Coal & Lumber Co.
New York Court of Appeals
Decided July 15, 1931PublishedCited by 43 opinions
1Opinion of the CourtPound, J.
The question is whether the zoning ordinance of the town of Islip is unconstitutional in so far as it requires a set back of ten feet from the street on that part of Montauk avenue which is zoned for business purposes. The court below has held that such ordinance is detrimental and prejudicial to the use of the premises for building purposes and unconstitutional as a taking of private property for public purposes without just compensation.
Can it be said that the ordinance in this respect on its face “ passes the bounds of reason and assumes the character of a merely arbitrary fiat? ” (Village…
2Cases cited4 opinions
- Village of Euclid v. Ambler Realty Co.Supreme Court of the United States · 1926
- Gorieb v. FoxSupreme Court of the United States · 1927
- O'Gorman & Young, Inc. v. Hartford Fire Ins. Co.Supreme Court of the United States · 1931
- Village of North Pelham v. OhligerNew York Court of Appeals · 1927
3Cited by43 opinions
- Rodgers v. Village of TarrytownNew York Court of Appeals · 1951
- Shepard v. Village of SkaneatelesNew York Court of Appeals · 1949
- Vernon Park Realty, Inc. v. City of Mount VernonNew York Court of Appeals · 1954
- Jones Beach Boulevard Estate, Inc. v. MosesNew York Court of Appeals · 1935
- Brous v. SmithNew York Court of Appeals · 1952
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