PEEKSKILL SUBURBS, INC. v. MORABITO


51 N.Y.2d 941 (1980)

Peekskill Suburbs, Inc., Appellant, v. Muriel H. Morabito et al., Constituting the Town Board of the Town of Cortlandt, et al., Respondents.

Court of Appeals of the State of New York.

Decided November 18, 1980.


Attorney(s) appearing for the Case

George Palmer Frooks and Everett Frooks for appellant.

Frank J. Ryan and Richard A. De Lorenzo for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.


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.

Order...

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