Legal Opinion

DJL Restaurant Corp. v. City of New York

New York Court of Appeals

Decided March 29, 2001PublishedCited by 69 opinions

1Opinion of the Court

OPINION OF THE COURT

Rosenblatt, J.

In 1995, the New York City Council approved an amendment to the City’s Zoning Resolution to regulate the location of “adult establishments.” Plaintiffs are adult establishments licensed to dispense alcoholic beverages. 1 They contend that the Amended Zoning Resolution conflicts with and is therefore preempted by the Alcoholic Beverage Control Law. We disagree.

L

In the mid-1960s, the adult entertainment industry in New York City began experiencing significant growth. This trend continued and by the early 1990s there were hundreds of such establishments located…

2Cases cited16 opinions

  1. New York State Club Assn., Inc. v. City of New YorkSupreme Court of the United States · 1988
  2. Sun-Brite Car Wash, Inc. v. Board of Zoning & AppealsNew York Court of Appeals · 1987
  3. Gernatt Asphalt Products, Inc. v. Town of SardiniaNew York Court of Appeals · 1996
  4. Consolidated Edison Co. of New York, Inc. v. Town of Red HookNew York Court of Appeals · 1983
  5. New York State Club Ass'n v. City of New YorkNew York Court of Appeals · 1987

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3Cited by69 opinions

  1. Katt v. City of New YorkDistrict Court, S.D. New York · 2001
  2. Wallach v. Town of DrydenNew York Court of Appeals · 2014
  3. Garcia v. New York City Dept. of Health & Mental HygieneNew York Court of Appeals · 2018
  4. Berman v. City of New YorkNew York Court of Appeals · 2015
  5. Center for Independence of the Disabled v. Metropolitan Transp. Auth.Appellate Division of the Supreme Court of the State of New York · 2020

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