Legal Opinion
Envirogas, Inc. v. Town of Westfield
Appellate Division of the Supreme Court of the State of New York
Decided July 9, 1981PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Cardamone, J. P.
*118This case presents a narrow question, the answer to which has broad implications. We are asked to ascertain whether under the provisions of section 268 of the Town Law a town may be authorized to require that a bond be posted to insure compliance with a zoning ordinance which placed restrictions on the drilling of gas and oil wells. If so, do the bond requirements unlawfully discriminate in violation of the equal protection clauses of the State and Federal Constitutions.
This is a case of first impression because, although section 268 has been part of the…
2Cases cited5 opinions
- Golden v. Planning Board of RamapoNew York Court of Appeals · 1972
- Matter of 440 E. 102nd St. Corp. v. MurdockNew York Court of Appeals · 1941
- Allen v. AdamiNew York Court of Appeals · 1976
- Abrams v. BronsteinNew York Court of Appeals · 1974
- Bon-Air Estates, Inc. v. Building Inspector of Town of RamapoAppellate Division of the Supreme Court of the State of New York · 1969
3Cited by5 opinions
- Gurda v. Orange County Publications Division of Ottaway Newspapers, Inc.New York Court of Appeals · 1982
- Eggert v. LeFeverAppellate Division of the Supreme Court of the State of New York · 1995
- Envirogas, Inc. v. Town of KiantoneNew York Supreme Court · 1982
- Gurda v. ORANGE COUNTY PUBL'N DIV. OF OTTAWAY NEWSPAPERS, INC.New York Court of Appeals · 1982
- Informal Opinion No., New York Attorney General Reports1988