Legal Opinion
Grimpel Associates v. Cohalan
New York Court of Appeals
Decided February 22, 1977Published
1Opinion of the CourtGabrielli, J.
On this appeal, we are asked to determine whether the rezoning of plaintiffs property from a business to residential category results in an unconstitutional exercise of the police power in contravention of the due process clauses of the Federal and State Constitutions (US Const, 14th Amdt, § 1; NY Const, art I, § 6).
In 1963, Pellwood Corporation, plaintiffs predecessor in title, whose principals are plaintiffs copartners, obtained the rezoning of a 25 acre parcel which it owned in the Town of *432Islip, from a "Residence AAA” district to a "Business II” district. Pellwood constructed a public…
2Cases cited14 opinions
- Arverne Bay Construction Co. v. ThatcherNew York Court of Appeals · 1938
- Matter of Wulfsohn v. BurdenNew York Court of Appeals · 1925
- Dowsey v. Village of KensingtonNew York Court of Appeals · 1931
- Fred F. French Investing Co. v. City of New YorkNew York Court of Appeals · 1976
- Lutheran Church in America v. City of New YorkNew York Court of Appeals · 1974
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