Legal Opinion
Countryman v. Schmitt
New York Supreme Court
Decided February 5, 1998PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Kenneth R. Fisher, J.
In this CPLR article 78 proceeding, petitioner, Lee T. Countryman, seeks annulment of Local Laws, 1997, No. 2 of the Town of Rush, adopted by respondent Rush Town Board on April 9, 1997. Petitioner contends that respondents, in adopting Local Law No. 2, failed to comply with the notice requirements of the Town Law and the Municipal Home Rule Law, that the law results in an unconstitutional taking of his property, and that the law violates his rights to equal protection of law, as guaranteed by the State and Federal Constitutions. For the reasons that…
2Cases cited52 opinions
- Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
- Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992
- Reed v. ReedSupreme Court of the United States · 1971
- Agins v. City of TiburonSupreme Court of the United States · 1980
- Northern Westchester Professional Park Associates v. Town of BedfordNew York Court of Appeals · 1983
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3Cited by2 opinions
- USA BASEBALL v. City of New YorkDistrict Court, S.D. New York · 2007
- People v. WaltersNew York Family Court · 2010