Legal Opinion
Town of North Hempstead v. Exxon Corp.
Appellate Division of the Supreme Court of the State of New York
Decided March 24, 1980Published
1Opinion of the Court
OPINION OF THE COURT
O’Connor, J.
Local Law No. 1-1976 of the Town of North Hempstead expressly prohibits the installation and use of self-service gasoline stations in the town. The evidence adduced at trial fails to establish that the ordinance bears a rational relation to the goal of preventing fires and other casualties at gasoline stations. For this reason, we hold that the enactment of Local Law No. 1-1976 was an unlawful exercise of the town’s police power.
Accordingly, the judgment in Action No. 1 should be reversed, on the law, Local Law No. 1-1976 declared unconstitutional and the…
2Cases cited11 opinions
- Defiance Milk Products Co. v. Du MondNew York Court of Appeals · 1956
- Van Berkel v. PowerNew York Court of Appeals · 1965
- Wiggins v. Town of SomersNew York Court of Appeals · 1958
- Good Humor Corp. v. City of New YorkNew York Court of Appeals · 1943
- I. L. F. Y. Co. v. Temporary State Housing Rent CommissionNew York Court of Appeals · 1961
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