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VIL. OF VALATIE v. SMITH

190 A.D.2d 17 (1993)

Village of Valatie, Appellant, v. Lynette Smith, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

April 22, 1993

Attorney(s) appearing for the Case

Rapport, Meyers, Griffen & Whitbeck, Hudson (David L. Krech of counsel), for appellant.

Miner & Miner, Hudson (Lance R. Miner of counsel), for respondent.

WEISS, P. J., YESAWICH JR., MERCURE and MAHONEY, JJ., concur.

CASEY, J.

At issue on this appeal is the constitutionality of a provision of the Code of the Village of Valatie that terminates a nonconforming use upon a change in ownership of the property.* Supreme Court held that the provision is unconstitutional based upon case law holding that a mere change in ownership does not result in the destruction of a valid existing nonconforming use...

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