Legal Opinion
Town of Plattekill v. Ace Motocross, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided August 4, 2011PublishedCited by 3 opinions
1Opinion of the Court
Mercure, J.E
Defendant Ace Motocross, Inc. operates a commercial motocross racetrack on property owned by defendant Anthony Kalamucki Jr., and located in the Town of Plattekill, Ulster County. In 2005, plaintiff enacted chapter 110 of its Municipal Code which, as relevant here, prohibits the commercial use of land for the operation of off-road motorized vehicles (see Town of Plattekill Zoning Law § 110-54). Notably, the law includes a “grandfather” provision that allowed property owners who permitted such operations on their land to apply to plaintiffs Zoning Board of Appeals (hereinafter ZBA)…
2Cases cited10 opinions
- Watergate II Apartments v. Buffalo Sewer AuthorityNew York Court of Appeals · 1978
- Bower Associates v. Town of Pleasant ValleyNew York Court of Appeals · 2004
- Syracuse Aggregate Corp. v. WeiseNew York Court of Appeals · 1980
- Suffolk Outdoor Advertising Co. v. HulseNew York Court of Appeals · 1977
- Gersten-Hillman Agency, Inc. v. HeymanAppellate Division of the Supreme Court of the State of New York · 2009
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Duffy III v. Illinois Tool Works, Inc.District Court, E.D. New York · 2024
- HSBC Bank USA, National Association v. SageAppellate Division of the Supreme Court of the State of New York · 2013
- HSBC Bank USA, National Association v. SageAppellate Division of the Supreme Court of the State of New York · 2013