Legal Opinion

Shumaker v. Town of Cortlandt

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

Decided February 2, 1987PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

Mangano, J. P.

The Zoning Ordinance of the Town of Cortlandt was first adopted in October 1951. Cortlandt Town Code § 88.21 (A) (4), a provision of that zoning ordinance, enumerates the uses permitted within M-l light industrial districts. Those uses include: "Any manufacturing or other industrial operation from which no dust, smoke fumes, gas, noxious odor or other atmospheric pollutant is disseminated beyond the boundaries of the M-l District in which such use is located and which produces no noise or vibration exceeding in intensity at the boundary of such M-l District…

2Cases cited8 opinions

  1. Linkletter v. WalkerSupreme Court of the United States · 1965
  2. Chevron Oil Co. v. HusonSupreme Court of the United States · 1971
  3. Lemon v. KurtzmanSupreme Court of the United States · 1973
  4. Augenblick v. Town of CortlandtNew York Court of Appeals · 1985
  5. Augenblick v. Town of CortlandtAppellate Division of the Supreme Court of the State of New York · 1984

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3Cited by4 opinions

  1. Tharp v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 1988
  2. Pressman v. GuntherAppellate Division of the Supreme Court of the State of New York · 1997
  3. E.F.S. Ventures Corp. v. FosterAppellate Division of the Supreme Court of the State of New York · 1987
  4. Shumaker v. Town of CortlandtAppellate Division of the Supreme Court of the State of New York · 1988

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