Peekskill Suburbs, Inc. v. Morabito

New York Court of Appeals
Peekskill Suburbs, Inc. v. Morabito, 51 N.Y.2d 941 (N.Y. 1980)
415 N.E.2d 977; 434 N.Y.S.2d 989; 1980 N.Y. LEXIS 2775
Cooke, Fuchsberg, Gabrielli, Jasen, Jones, Meyer, Wachtler

Peekskill Suburbs, Inc. v. Morabito

Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

On this record, it cannot be said that petitioner has established a legal infirmity in the denial of the change of zoning. Nor can we conclude that the refusal to grant the change is confiscatory, especially since the property is the subject of nonconforming uses which were not alleged or shown to be without economic value.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed, with costs, in a memorandum.

Reference

Full Case Name
Peekskill Suburbs, Inc. v. Muriel H. Morabito, Constituting the Town Board of the Town of Cortlandt
Cited By
6 cases
Status
Published