Legal Opinion · Dissent
Mason v. Apple Valley Speedway, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided May 30, 1997Published
1Dissent
Lawton and Fallon, JJ. (dissenting in part).
We respectfully dissent in part. We agree with the findings of Supreme Court that Apple Valley Speedway, Inc., as operated since 1993 constituted both a private nuisance and an impermissible expansion of a nonconforming use (see, Northern Westchester Professional Park Assocs. v Town of Bedford, 60 NY2d 492, 498; see also, Incorporated Vil. of Williston Park v 280 Hillside Ave. Rest. Corp., 55 AD2d 927). However, we disagree that the amended order and judgment granted the proper relief. In the amended order and judgment, the court ordered in relevant…
2Cases cited5 opinions
- Northern Westchester Professional Park Associates v. Town of BedfordNew York Court of Appeals · 1983
- Boomer v. Atlantic Cement Co.New York Court of Appeals · 1970
- McCombs v. Joplin 66 Fairgrounds, Inc.Missouri Court of Appeals · 1996
- Incorporated Village of Williston Park v. 280 Hillside Avenue Restaurant Corp.Appellate Division of the Supreme Court of the State of New York · 1977
- Celebrity Studios, Inc. v. Civetta Excavating Inc.New York Supreme Court · 1973