Peekskill Suburbs, Inc. v. Morabito

415 N.E.2d 977, 51 N.Y.2d 941, 434 N.Y.S.2d 989, 1980 N.Y. LEXIS 2775
New York Court of Appeals·Decided November 18, 1980·Published·Cited by 6 cases

Opinion

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.

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Peekskill Suburbs, Inc. v. Morabito, 415 N.E.2d 977, 51 N.Y.2d 941, 434 N.Y.S.2d 989, 1980 N.Y. LEXIS 2775 (N.Y. 1980).

415 N.E.2d 977 (Peekskill Suburbs, Inc. v. Morabito) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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