Legal Opinion

Town of Islip v. Caviglia

New York Court of Appeals

Decided May 11, 1989PublishedCited by 85 opinions

1Opinion of the Court

OPINION OF THE COURT

Simons, J.

Petitioner, Town of Islip, seeks to enjoin respondents from continuing operation of an adult bookstore in a prohibited zone in violation of the Town’s zoning ordinance. The ordinance differentiates between certain "adult” uses, i.e., bookstores, theaters, motels, cabarets and massage parlors which exclude minors by reason of age and those which do not, and limits the operation of adult uses to areas zoned Industrial I. It also provides that nonconforming adult uses shall be amortized over a period of years based on a graduated scale of investment in the…

2Cases cited31 opinions

  1. United States v. O'BrienSupreme Court of the United States · 1968
  2. Village of Euclid v. Ambler Realty Co.Supreme Court of the United States · 1926
  3. Miller v. CaliforniaSupreme Court of the United States · 1973
  4. City of Renton v. Playtime Theatres, Inc.Supreme Court of the United States · 1986
  5. Police Dept. of Chicago v. MosleySupreme Court of the United States · 1972

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3Cited by85 opinions

  1. MATTER OF LEE TT. v. DowlingNew York Court of Appeals · 1996
  2. Kamhi v. Town of YorktownNew York Court of Appeals · 1989
  3. Stringfellow's of New York, Ltd. v. City of New YorkNew York Court of Appeals · 1998
  4. Hickerson v. City of New YorkCourt of Appeals for the Second Circuit · 1998
  5. Congregation Rabbinical College of Tartikov, Inc. v. Village of PomonaDistrict Court, S.D. New York · 2015

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