Legal Opinion
Cimato Bros. v. Town of Pendleton
Appellate Division of the Supreme Court of the State of New York
Decided March 29, 2000PublishedCited by 8 opinions
1Opinion of the Court
—Judgment unanimously affirmed without costs. Memorandum: Defendant appeals from a judgment declaring that the inspection fee structure portion of its 1989 Public Improvement Permit Ordinance is unconstitutional. We agree with defendant that Supreme Court erred in imposing upon defendant the burden of proving that the ordinance is constitutional. Local ordinances, like statutes, enjoy an “exceedingly strong presumption of constitutionality” (Lighthouse Shores v Town of Islip, 41 NY2d 7, 11). In challenging an ordinance, a party must rebut that presumption by establishing beyond a reasonable…
2Cases cited3 opinions
- Jewish Reconstructionist Synagogue of North Shore, Inc. v. Incorporated Village of Roslyn HarborNew York Court of Appeals · 1976
- Cimato Bros. v. Town of PendletonAppellate Division of the Supreme Court of the State of New York · 1997
- Timmons v. StateAppellate Division of the Supreme Court of the State of New York · 1998
3Cited by8 opinions
- In re Turner v. Municipal Code Violations BureauAppellate Division of the Supreme Court of the State of New York · 2014
- In re Turner v. Municipal Code Violations BureauAppellate Division of the Supreme Court of the State of New York · 2014
- Matter of Landstein v. Town of LaGrangeAppellate Division of the Supreme Court of the State of New York · 2018
- People v. StephensAppellate Division of the Supreme Court of the State of New York · 2015
- People v. StephensAppellate Division of the Supreme Court of the State of New York · 2015
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