Legal Opinion
Suffolk Asphalt Supply, Inc. v. Board of Trustees
New York Supreme Court
Decided January 11, 2016Published
1Opinion of the Court
OPINION OF THE COURT
Elizabeth H. Emerson, J.
It is ordered that this motion in limine by the defendants for an order determining three threshold issues for trial is determined as follows:
The plaintiff owns a parcel of real property located within the Village of Westhampton Beach that has been improved with an asphalt plant since 1945. In 1985, the Board of Trustees of the Village amended the Village zoning code so that the use of the property as an asphalt plant became nonconforming. The plaintiff acquired the property in 1994 and continues to operate the nonconforming asphalt plant. The plant…
2Cases cited10 opinions
- People v. MillerNew York Court of Appeals · 1952
- MATTER OF HARBISON v. City of BuffaloNew York Court of Appeals · 1958
- Suffolk Outdoor Advertising Co. v. HulseNew York Court of Appeals · 1977
- Town of Islip v. CavigliaNew York Court of Appeals · 1989
- Modjeska Sign Studios, Inc. v. BerleNew York Court of Appeals · 1977
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