Legal Opinion

MHC Greenwood Village NY, L.L.C. v. County of Suffolk

New York Supreme Court

Decided August 10, 2007Published

1Opinion of the Court

OPINION OF THE COURT

Karen V. Murphy, J.

The CPLR article 78 petition is dismissed to the extent that it challenges Local Law 1534 (enacted as Local Law No. 1 [2007] of County of Suffolk, codified at Administrative Local Laws of County of Suffolk ch 383) on the ground of insufficient notice of public hearing. To the extent that the petition challenges Local Law 1534 on substantive grounds, the article 78 proceeding is converted to a declaratory judgment action and judgment is granted declaring the local law valid in all respects.

This is an article 78 proceeding seeking to annul Local Law 1534,…

2Cases cited25 opinions

  1. Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
  2. Village of Willowbrook v. OlechSupreme Court of the United States · 2000
  3. Demore v. KimSupreme Court of the United States · 2003
  4. Church of the Lukumi Babalu Aye, Inc. v. City of HialeahSupreme Court of the United States · 1993
  5. Garcia v. San Antonio Metropolitan Transit AuthoritySupreme Court of the United States · 1985

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