Town of Macedon v. Elam Sand & Gravel Corp.

Appellate Division of the Supreme Court of New York

Town of Macedon v. Elam Sand & Gravel Corp.

280 A.D.2d 987, 720 N.Y.S.2d 421, 2001 N.Y. App. Div. LEXIS 1276

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

DecidedFebruary 7, 2001

StatusPublished

This text of 280 A.D.2d 987 (Town of Macedon v. Elam Sand & Gravel Corp.) 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

Town of Macedon v. Elam Sand & Gravel Corp., 280 A.D.2d 987, 720 N.Y.S.2d 421, 2001 N.Y. App. Div. LEXIS 1276 (N.Y. Ct. App. 2001).

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Opinion

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied the motion of defendant for summary judgment on its second affirmative defense, alleging that Local Laws, 1994, No. 7 of the Town of Macedón denies defendant equal protection of the laws. Defendant’s submissions are insufficient to overcome the “exceedingly strong presumption of constitutionality” applicable to the ordinance (Lighthouse Shores v Town of Islip, 41 NY2d 7, 11; see, AA&M Carting Serv. v Town of Hempstead, 183 AD2d 738, 739). (Appeal from Order of Supreme Court, Wayne County, Kehoe, J. — Summary [988]*988Judgment.) Present — Green, J. P., Pine, Hayes, Wisner and Scudder, JJ.

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—Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied the motion of defendant for summary judgment on its second affirmative defense, alleging that Local Laws, 1994, No. 7 of the Town of Macedón denies defendant equal protection of the laws. Defendant’s submissions are insufficient to overcome the “exceedingly strong presumption of constitutionality” applicable to the ordinance (Lighthouse Shores v Town of Islip, 41 NY2d 7, 11; see, AA&M Carting Serv. v Town of Hempstead, 183 AD2d 738, 739). (Appeal from Order of Supreme Court, Wayne County, Kehoe, J. — Summary [988]*988Judgment.) Present — Green, J. P., Pine, Hayes, Wisner and Scudder, JJ.

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Bluebook (online)

280 A.D.2d 987, 720 N.Y.S.2d 421, 2001 N.Y. App. Div. LEXIS 1276, Counsel Stack Legal Research, https://law.counselstack.com/opinion/town-of-macedon-v-elam-sand-gravel-corp-nyappdiv-2001.

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