Legal Opinion · Dissent

Smith v. Town of Mendon

New York Court of Appeals

Decided December 21, 2004Published

1Dissent

Graffeo, J. (dissenting).

We do not need to decide whether heightened scrutiny under Dolan v City of Tigard (512 US 374 [1994]) applies to the facts of this case because I believe the Town of Hendon’s action effected a taking even under the standard articulated in Agins v City of Tiburon (447 US 255 [1980]). Additionally, because the condition imposed by the Town was not necessary to mitigate any demonstrable effects of the site plan proposal, I conclude the Town’s determination was arbitrary and capricious. I therefore respectfully dissent.

Paul and Janet Smith are the owners of 9.7 acres of…

2Cases cited12 opinions

Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
Nollan v. California Coastal CommissionSupreme Court of the United States · 1987
Agins v. City of TiburonSupreme Court of the United States · 1980
Dolan v. City of TigardSupreme Court of the United States · 1994
City of Monterey v. Del Monte Dunes at Monterey, Ltd.Supreme Court of the United States · 1999

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