Legal Opinion

Tilles Investment Co v. Town of Huntington

Appellate Division of the Supreme Court of the State of New York

Decided May 16, 1988PublishedCited by 11 opinions

1Opinion of the Court

OPINION OF THE COURT

Bracken, J.

On this appeal, the plaintiff landowner claims that the application of a local zoning ordinance to its land is unconstitutional. This claim is premised not so much upon an assertion that the restriction on land use contained in the ordinance constitutes a "taking” of its property in violation of the *120Just Compensation Clause of the Fifth Amendment (US Const 5th Amend), as upon the argument that since the ordinance bears no rational relation to the achievement of some rightful governmental objective, it represents an invalid exercise of the town’s authority to…

2Cases cited40 opinions

  1. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  2. Village of Euclid v. Ambler Realty Co.Supreme Court of the United States · 1926
  3. Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
  4. Loretto v. Teleprompter Manhattan CATV Corp.Supreme Court of the United States · 1982
  5. Hodel v. Virginia Surface Mining & Reclamation Assn., Inc.Supreme Court of the United States · 1981

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3Cited by11 opinions

  1. Kasper v. Town of BrookhavenAppellate Division of the Supreme Court of the State of New York · 1988
  2. Kransteuber v. ScheyerAppellate Division of the Supreme Court of the State of New York · 1991
  3. Province of Meribah Society of Mary, Inc. v. Village of MuttontownAppellate Division of the Supreme Court of the State of New York · 1989
  4. Infinity Consulting Group, Inc. v. Town of HuntingtonAppellate Division of the Supreme Court of the State of New York · 2008
  5. Osiecki v. Town of HuntingtonAppellate Division of the Supreme Court of the State of New York · 1991

6 more not listed; retrieve them via the Exa API.

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