Legal Opinion

Anello v. Zoning Board of Appeals

New York Court of Appeals

Decided February 18, 1997PublishedCited by 15 opinions

1Opinion of the Court

OPINION OF THE COURT

Ciparick, J.

Petitioner contends that the denial of a variance from Dobbs *539Ferry’s "steep slope” ordinance, which prevents her from building a one-family dwelling on a parcel, constitutes a taking of property for which she is entitled to just compensation (see, US Const 5th Amend; NY Const, art I, § 7). We disagree and conclude that because petitioner acquired her property after the enactment of the steep-slope ordinance, its enforcement does not deprive her of any property interest.

In 1989, the Village enacted the steep-slope ordinance in an effort to "protect…

2Cases cited6 opinions

  1. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  2. Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992
  3. Vernon Park Realty, Inc. v. City of Mount VernonNew York Court of Appeals · 1954
  4. Khan v. Zoning Board of AppealsNew York Court of Appeals · 1996
  5. Gazza v. New York State Department of Environmental ConservationNew York Court of Appeals · 1997

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3Cited by15 opinions

  1. Soon Duck Kim v. City of New YorkNew York Court of Appeals · 1997
  2. Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning AgencyDistrict Court, D. Nevada · 1999
  3. Richard Roeser Professional Builder, Inc. v. Anne Arundel CountyCourt of Appeals of Maryland · 2002
  4. Matter of New Cr. Bluebelt, Phase 3.Appellate Division of the Supreme Court of the State of New York · 2017
  5. Countryman v. SchmittNew York Supreme Court · 1998

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

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