CIMATO BROS., INC. v. TOWN OF PENDLETON


270 A.D.2d 879 (2000)

705 N.Y.S.2d 468

CIMATO BROS., INC., Respondent, v. TOWN OF PENDLETON, Appellant.

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

Decided March 29, 2000.


Judgment unanimously affirmed without costs.

Memorandum:

Defendant appeals from a judgment declaring that the inspection fee structure portion of its 1989 Public Improvement Permit Ordinance is unconstitutional. We agree with defendant that Supreme Court erred in imposing upon defendant the burden of proving that the ordinance is constitutional. Local ordinances, like statutes, enjoy an "exceedingly strong presumption of constitutionality" (Lighthouse Shores...

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