Legal Opinion

Tilcon New York, Inc. v. Town of Poughkeepsie

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

Decided September 27, 2011PublishedCited by 68 opinions

1Opinion of the Court

*1149The petitioner/plaintiff, Tilcon New York, Inc. (hereinafter Tilcon), commenced this hybrid proceeding pursuant to CPLR article 78 seeking, inter alia, to annul Local Law No. 11 (2009) of the Town of Poughkeepsie (hereinafter Local Law 11-2009), and action for a judgment declaring that Local Law 11-2009 is preempted by state law, and is unconstitutional. Tilcon sought declarations that Local Law 11-2009 was (1) inconsistent with and preempted by the Vehicle and Traffic Law; (2) inconsistent with and preempted by the Mined Land Reclamation Law; (3) in violation of the Equal Protection Clauses…

2Cases cited30 opinions

  1. Lanza v. WagnerNew York Court of Appeals · 1962
  2. Gernatt Asphalt Products, Inc. v. Town of SardiniaNew York Court of Appeals · 1996
  3. Rockland Light and Power Co. v. City of New YorkNew York Court of Appeals · 1942
  4. Dental Society v. CareyNew York Court of Appeals · 1984
  5. St. Lawrence University v. Trustees of the Theological School of St. Lawrence UniversityNew York Court of Appeals · 1967

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3Cited by68 opinions

  1. Minovici v. Belkin BVAppellate Division of the Supreme Court of the State of New York · 2013
  2. Lia v. SaporitoDistrict Court, E.D. New York · 2012
  3. Neuman v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2020
  4. Dashnaw v. Town of PeruAppellate Division of the Supreme Court of the State of New York · 2013
  5. State Farm Mutual Automobile Insurance v. AnikeyevaAppellate Division of the Supreme Court of the State of New York · 2011

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