Legal Opinion
Smith v. Town of Mendon
New York Court of Appeals
Decided December 21, 2004PublishedCited by 24 opinions
1Opinion of the Court
OPINION OF THE COURT
Rosenblatt, J.
This appeal calls on us to determine whether a municipality commits an unconstitutional taking when it conditions site plan approval on the landowner’s acceptance of a development restriction consistent with the municipality’s preexisting conservation policy. We hold that it does not.
L
Paul and Janet Smith own a 9.7 acre lot in the Town of Hen-don. Situated along Honeyoe Creek, a protected waterway, the lot includes several environmentally sensitive parcels, falls within the creek’s 100-year floodplain boundary and is located within 500 feet of a protected…
2Cases cited18 opinions
- Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
- Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992
- Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
- Loretto v. Teleprompter Manhattan CATV Corp.Supreme Court of the United States · 1982
- Nollan v. California Coastal CommissionSupreme Court of the United States · 1987
13 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Walton v. New York State Department of Correctional ServicesNew York Court of Appeals · 2009
- Consumers Union of U.S., Inc. v. StateNew York Court of Appeals · 2005
- Brace v. United StatesUnited States Court of Federal Claims · 2006
- Novelty Crystal Corp. v. PSA Institutional Partners, L.P.Appellate Division of the Supreme Court of the State of New York · 2008
- Gabrielli v. Town of New PaltzAppellate Division of the Supreme Court of the State of New York · 2014
19 more not listed; retrieve them via the Exa API.