Legal Opinion

Village of Valatie v. Smith

New York Court of Appeals

Decided March 30, 1994PublishedCited by 17 opinions

1Opinion of the Court

OPINION OF THE COURT

Simons, J.

This appeal challenges the facial validity of chapter 85 of the Village Code of the Village of Valatie, a local law that terminates the nonconforming use of a mobile home upon the transfer of ownership of either the mobile home or the land upon which it sits. Defendant argues that it is unconstitutional for the Village to use a change in ownership as the termination date for a nonconforming use. We conclude, however, that defendant has failed to carry her burden of showing that the local law is unreasonable on its face. Accordingly, we modify the order of the…

2Cases cited20 opinions

  1. Broadrick v. OklahomaSupreme Court of the United States · 1973
  2. Northern Westchester Professional Park Associates v. Town of BedfordNew York Court of Appeals · 1983
  3. Fuhst v. FoleyNew York Court of Appeals · 1978
  4. People v. MillerNew York Court of Appeals · 1952
  5. City of Los Angeles v. GageCalifornia Court of Appeal · 1954

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3Cited by17 opinions

  1. Gernatt Asphalt Products, Inc. v. Town of SardiniaNew York Court of Appeals · 1996
  2. Adams Outdoor Adv., Lp. v. Zoning Hearing Bd. of Smithfield TownshipCommonwealth Court of Pennsylvania · 2006
  3. Anderson v. Provo City Corp.Utah Supreme Court · 2005
  4. Cioppa v. ApostolAppellate Division of the Supreme Court of the State of New York · 2003
  5. Gjerlow v. GraapAppellate Division of the Supreme Court of the State of New York · 2007

12 more not listed; retrieve them via the Exa API.

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