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VILL. OF VALATIE v. SMITH

83 N.Y.2d 396 (1994)

632 N.E.2d 1264

610 N.Y.S.2d 941

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

Court of Appeals of the State of New York.

Decided March 30, 1994.

Attorney(s) appearing for the Case

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

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

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE and CIPARICK concur; Judge TITONE taking no part.

SIMONS, J.

This appeal challenges the facial validity of chapter 85 of the Village Code of the Village of Valatie, a local law that terminates the nonconforming use of a mobile home upon the transfer of ownership of either the mobile home or the land upon which it sits. Defendant argues that it is unconstitutional for the Village to use a change in ownership as the termination date for a nonconforming use. We...

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