Concerned Citizens of Montauk, Inc. v. Lester
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Gulotta, J.
This case poses the question whether the use of certain premises as a restaurant, bar and motel may be continued as a vested nonconforming use, or whether such usage has been abandoned. Stated differently, the crucial issue is whether, on the effective date of an amendment to the zoning ordinance here involved, there was an "existing use” of the premises as a restaurant, bar and motel. If there was, then a valid nonconforming use came into being with the passage of the amendment. If there was not, then a nonconforming use was not created and the only available…
2Cases cited9 opinions
- Matter of Eaton v. SweenyNew York Court of Appeals · 1931
- Putnam Armonk, Inc. v. Town of SoutheastAppellate Division of the Supreme Court of the State of New York · 1976
- People Ex Rel. Smith v. WalshNew York Court of Appeals · 1925
- Village of Sands Point v. Sands Point Country Day SchoolNew York Supreme Court · 1955
- Brooklyn Union Gas Co. v. MaltbieAppellate Division of the Supreme Court of the State of New York · 1935
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3Cited by7 opinions
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- McQuade v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 1998
- Rorie v. Woodmere AcademyAppellate Division of the Supreme Court of the State of New York · 1979
- Marzella v. MunroeAppellate Division of the Supreme Court of the State of New York · 1986
- People v. BurnsOswego City Court · 1982
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