Inman v. Town of New Hartford

Appellate Division of the Supreme Court of New York

Inman v. Town of New Hartford

116 A.D.2d 998, 498 N.Y.S.2d 618, 1986 N.Y. App. Div. LEXIS 51774

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

DecidedJanuary 24, 1986

StatusPublished

Cited by2 cases

This text of 116 A.D.2d 998 (Inman v. Town of New Hartford) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Inman v. Town of New Hartford, 116 A.D.2d 998, 498 N.Y.S.2d 618, 1986 N.Y. App. Div. LEXIS 51774 (N.Y. Ct. App. 1986).

Pincite

Opinion

— Judgment unanimously reversed, on the law, with costs, and determination and order of Town Board dated August 6, 1984 amended, in accordance with the following memorandum: The court erred in finding that the town followed all procedural requirements in ordering demolition of plaintiff’s building. New Hartford Code § 52-4 provides that an owner shall have 30 days in which to repair or remove a building or structure determined by the town to be unsafe or dangerous, and the town ordered plaintiff to remove his building within 30 days, without providing him the opportunity for repair. From the minutes of the Town Board meeting of July 18th it is clear that petitioner expressed his intent to repair the building, and under section 52-4 he must be provided an opportunity to do so. The town order must be amended accordingly. (Appeal from judgment of Supreme Court, Oneida County, Murphy, J. —preliminary injunction.) Present — Callahan, J. P., Doerr, Green, O’Donnell and Pine, JJ.

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— Judgment unanimously reversed, on the law, with costs, and determination and order of Town Board dated August 6, 1984 amended, in accordance with the following memorandum: The court erred in finding that the town followed all procedural requirements in ordering demolition of plaintiff’s building. New Hartford Code § 52-4 provides that an owner shall have 30 days in which to repair or remove a building or structure determined by the town to be unsafe or dangerous, and the town ordered plaintiff to remove his building within 30 days, without providing him the opportunity for repair. From the minutes of the Town Board meeting of July 18th it is clear that petitioner expressed his intent to repair the building, and under section 52-4 he must be provided an opportunity to do so. The town order must be amended accordingly. (Appeal from judgment of Supreme Court, Oneida County, Murphy, J. —preliminary injunction.) Present — Callahan, J. P., Doerr, Green, O’Donnell and Pine, JJ.

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Bluebook (online)

116 A.D.2d 998, 498 N.Y.S.2d 618, 1986 N.Y. App. Div. LEXIS 51774, Counsel Stack Legal Research, https://law.counselstack.com/opinion/inman-v-town-of-new-hartford-nyappdiv-1986.

Opinion

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