Legal Opinion
Ashley Builders Corp. v. Town of Brookhaven
Appellate Division of the Supreme Court of the State of New York
Decided April 3, 2007PublishedCited by 9 opinions
1Opinion of the Court
*443In an action for a judgment declaring that the defendant effected an unconstitutional taking by imposing certain conditions on the issuance of a certificate of occupancy, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Loughlin, J.), dated February 2, 2006, which granted the defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (a) (7).
Ordered that the order is affirmed, with costs.
“A justiciable controversy must involve a present, rather than hypothetical, contingent or remote, prejudice to the plaintiff’ (Waterways Dev. Corp. v Lavalle, 28 AD3d 539, 540…
2Cases cited4 opinions
- Church of St. Paul & St. Andrew v. BarwickNew York Court of Appeals · 1986
- American Insurance Ass'n v. ChuNew York Court of Appeals · 1985
- Waterways Development Corp. v. LavalleAppellate Division of the Supreme Court of the State of New York · 2006
- Weingarten v. Town of LewisboroNew York Court of Appeals · 1991
3Cited by9 opinions
- Lemle v. LemleAppellate Division of the Supreme Court of the State of New York · 2012
- Shepherd v. MaddaloniAppellate Division of the Supreme Court of the State of New York · 2013
- Orange County Legislature v. DianaNew York Supreme Court · 2013
- Enlarged City School District v. City of MiddletownAppellate Division of the Supreme Court of the State of New York · 2012
- Enlarged City School District v. City of MiddletownAppellate Division of the Supreme Court of the State of New York · 2012
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