Spring Valley Gardens Associates v. Marrero

New York Court of Appeals

Spring Valley Gardens Associates v. Marrero

496 N.E.2d 216, 68 N.Y.2d 627, 505 N.Y.S.2d 57, 1986 N.Y. LEXIS 19024

CourtNew York Court of Appeals

DecidedJune 5, 1986

StatusPublished

Cited by12 cases

This text of 496 N.E.2d 216 (Spring Valley Gardens Associates v. Marrero) 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

Spring Valley Gardens Associates v. Marrero, 496 N.E.2d 216, 68 N.Y.2d 627, 505 N.Y.S.2d 57, 1986 N.Y. LEXIS 19024 (N.Y. 1986).

Pincite

Opinion

OPINION OF THE COURT

Memorandum.

The judgment appealed from and the Appellate Division order brought up for review should be affirmed for the reasons stated in the opinion of Justice David T. Gibbons at the Appellate Division.

We note, however, that although it should generally be presumed that the Legislature has investigated and found sufficient facts to support the legislation, that presumption cannot be applied in a case such as this where the implementing legislation requires the local legislative body to first make a particular factual finding. In this case that finding was adequately made.

*630 Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander, Titone and Hancock, Jr., concur.

Judgment appealed from and order of the Appellate Division brought up for review affirmed, with costs, in a memorandum.

Free access — add to your briefcase to read the full text and ask questions with AI