People v. Town of Clarkstown
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Rosenblatt, J.
On July 8, 1986, the Town of Clarkstown in Rockland County amended its zoning ordinance to add certain requirements for family day-care homes. The issue in this appeal is whether the State Legislature has preempted the regulation of family day-care homes, thus rendering the town’s amendment invalid. We hold that the State has preempted the field, and that accordingly, the amendment is invalid.
The facts underlying this appeal are as follows:
Town of Clarkstown Zoning Code § 106-10A (8), as amended July 8, 1986, contains the following "performance standards”…
2Cases cited14 opinions
- New York State Club Assn., Inc. v. City of New YorkSupreme Court of the United States · 1988
- New York State Club Ass'n v. City of New YorkNew York Court of Appeals · 1987
- Albany Area Builders Ass'n v. Town of GuilderlandNew York Court of Appeals · 1989
- Jancyn Manufacturing Corp. v. County of SuffolkNew York Court of Appeals · 1987
- Kamhi v. Town of YorktownNew York Court of Appeals · 1989
9 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Ba Mar, Inc. v. County of RocklandAppellate Division of the Supreme Court of the State of New York · 1991
- Quinones v. Board of Managers of Regalwalk Condominium IAppellate Division of the Supreme Court of the State of New York · 1998
- Matter of Smyles v. Board of Trustees of Inc. Vil. of MineolaAppellate Division of the Supreme Court of the State of New York · 2014
- ILC Data Device Corp. v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1992
- Halpern v. Sullivan CountyAppellate Division of the Supreme Court of the State of New York · 1991
7 more not listed; retrieve them via the Exa API.