Marcus Associates, Inc. v. Town of Huntington

382 N.E.2d 1323, 45 N.Y.2d 501, 410 N.Y.S.2d 546, 1978 N.Y. LEXIS 2285
CourtNew York Court of Appeals
DecidedOctober 26, 1978
StatusPublished
Cited by70 cases

This text of 382 N.E.2d 1323 (Marcus Associates, Inc. v. Town of Huntington) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Marcus Associates, Inc. v. Town of Huntington, 382 N.E.2d 1323, 45 N.Y.2d 501, 410 N.Y.S.2d 546, 1978 N.Y. LEXIS 2285 (N.Y. 1978).

Opinion

OPINION OF THE COURT

Cooke, J.

We hold that the challenged zoning ordinance amendment of the Town of Huntington is valid and therefore affirm the ruling of the Appellate Division.

Plaintiff Marcus Associates is the owner of four undeveloped building plots in the Town of Huntington, Suffolk County. These four lots, together with eight others not relevant to the present litigation, were acquired by Marcus in 1967 and 1968. At that time, the property was zoned R-40 and was thus restricted to one acre residential use. Upon application of Marcus and other local property owners, the town board rezoned the subject land, placing it in an 1-1 light industrial district. Subsequently, on February 25, 1975, defendant amended the use restrictions applicable to 1-1 districts, adding the following limitations: "A building or premises shall be used for not more than 3 permitted uses and by not more than three occupants. Each separate use shall occupy no less than 20,000 square feet of building gross floor area” (Huntington Town Code, § 62-6.1, subd 10).

Desiring to construct a building containing more than the permissible number of uses, plaintiff commenced this action to obtain a declaration of the zoning amendment’s invalidity. Following trial, Special Term concluded that plaintiff had not carried its burden of proving the ordinance unconstitutional beyond a reasonable doubt. A sharply divided Appellate Division upheld the determination of Special Term (57 AD2d 116).

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382 N.E.2d 1323, 45 N.Y.2d 501, 410 N.Y.S.2d 546, 1978 N.Y. LEXIS 2285, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marcus-associates-inc-v-town-of-huntington-ny-1978.