Legal Opinion
Lerner v. Town of Islip
District Court, E.D. New York
Decided August 10, 1967No. 67 Civ. 166PublishedCited by 13 opinions
1Opinion of the Court
OPINION and ORDER
WEINSTEIN, District Judge.
Plaintiff, owner of some 62 acres in the Town of Islip, seeks a judgment declaring that the applicable Town zoning ordinances violate her rights under the Fifth and Fourteenth Amendments to the United States Constitution. See 28 U.S.C. § 2201. She contends that reclassification of her property in December, 1962 as Residential AAA — requiring a minimum lot size of 40,000 square feet — effectively prevents its being utilized and amounts to an unconstitutional taking.
Defendant has moved to dismiss on the grounds that this Court: (1) would perform a…
2Cases cited23 opinions
- Railroad Comm'n of Tex. v. Pullman Co.Supreme Court of the United States · 1941
- Village of Euclid v. Ambler Realty Co.Supreme Court of the United States · 1926
- Burford v. Sun Oil Co.Supreme Court of the United States · 1943
- Baggett v. BullittSupreme Court of the United States · 1964
- Meredith v. Winter HavenSupreme Court of the United States · 1943
18 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Jefferson v. AsplundAlaska Supreme Court · 1969
- Spindel v. SpindelDistrict Court, E.D. New York · 1968
- McCahill v. Borough of Fox ChapelCourt of Appeals for the Third Circuit · 1971
- Metropolitan Housing Development Corp. v. Village of Arlington HeightsDistrict Court, N.D. Illinois · 1979
- M. J. Brock & Sons, Inc. v. City of DavisDistrict Court, N.D. California · 1975
8 more not listed; retrieve them via the Exa API.