Legal Opinion
Wackerman v. Town of Penfield
Appellate Division of the Supreme Court of the State of New York
Decided April 17, 1975PublishedCited by 5 opinions
1Opinion of the Court
Judgment unanimously reversed, without costs, and matter remitted to Supreme Court, Monroe County, for further proceedings in accordance with the following memorandum: Plaintiffs sought a declaratory judgment establishing that the Zoning Ordinance of the Town of Penfield was unconstitutional insofar as it restricted development of their six plus or minus acres of land to single-family residential, church, school, agricultural or public uses. The trial court found that the property could not be economically developed for single-family residences, that the ordinance was therefore confiscatory…
2Cases cited6 opinions
- MATTER OF FULLING v. PalumboNew York Court of Appeals · 1967
- Williams v. Town of Oyster BayNew York Court of Appeals · 1973
- Dauernheim, Inc. v. Town Board of HempsteadNew York Court of Appeals · 1974
- Forrest v. EvershedNew York Court of Appeals · 1959
- Moore v. NowakowskiAppellate Division of the Supreme Court of the State of New York · 1974
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3Cited by5 opinions
- Blitz v. Town of New CastleAppellate Division of the Supreme Court of the State of New York · 1983
- Dodge Mill Land Corp. v. Town of AmherstAppellate Division of the Supreme Court of the State of New York · 1978
- Alaimo v. Town of GreeceAppellate Division of the Supreme Court of the State of New York · 1979
- Cook v. HaynesAppellate Division of the Supreme Court of the State of New York · 1978
- Grimpel Associates v. CohalanNew York Court of Appeals · 1977