Legal Opinion

Malone Parachute Club, Inc. v. Town of Malone

Appellate Division of the Supreme Court of the State of New York

Decided April 21, 1994PublishedCited by 12 opinions

1Opinion of the Court

OPINION OF THE COURT

Yesawich Jr., J.

Petitioner, a recreational organization whose members engage in sport parachuting, has for many years used the Malone Dufort Airport, which is owned by respondent Town of Malone, as a base for its activities. Prior to 1990, in addition to using the airport for takeoff and landing of planes, petitioner leased hangar and building space from the Town and utilized airport land as a "drop zone” for parachute jumping. When petitioner’s lease expired in 1990, the Town refused to permit further use of airport land for jumping until petitioner procured liability…

2Cases cited5 opinions

  1. City of Burbank v. Lockheed Air Terminal, Inc.Supreme Court of the United States · 1973
  2. New York University v. WhalenNew York Court of Appeals · 1978
  3. Blue Sky Entertainment, Inc. v. Town of GardinerDistrict Court, N.D. New York · 1989
  4. Skydiving Center of Greater Washington, D.C., Inc. v. St. Mary's County Airport CommissionDistrict Court, D. Maryland · 1993
  5. State v. New York State Public Employment Relations BoardAppellate Division of the Supreme Court of the State of New York · 1992

3Cited by12 opinions

  1. Center Square Ass'n v. City of Albany Board of Zoning AppealsAppellate Division of the Supreme Court of the State of New York · 2005
  2. New Yorkers for Constitutional Freedoms v. New York State SenateAppellate Division of the Supreme Court of the State of New York · 2012
  3. Gordon v. Village of Monticello, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
  4. Gangemi v. City of New YorkNew York Supreme Court · 2006
  5. Warren v. GiambraNew York Supreme Court · 2006

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