1. Home
  2. Browse Decisions
  3. N.Y.3d
  4. 4 N.Y.3d
  5. 4 N.Y.3d 1 (2004)
 

SMITH v. TOWN OF MENDON

4 N.Y.3d 1 (2004)

822 N.E.2d 1214

789 N.Y.S.2d 696

In the Matter of PAUL SMITH et al., Appellants, v. TOWN OF MENDON et al., Respondents.

Court of Appeals of the State of New York.

Decided December 21, 2004.

Attorney(s) appearing for the Case

Galvin and Morgan, Delmar (James Morgan and Madeline Sheila Galvin of counsel), for appellants.

Chamberlain D'Amanda Oppenheimer & Greenfield, LLP, Rochester (George D. Marron and Sheldon W. Boyce of counsel), for respondents.

Eliot Spitzer, Attorney General, Albany (Caitlin J. Halligan, Daniel Smirlock, Peter H. Lehner, John J. Sipos and Susan L. Taylor of counsel), for State of New York, amicus curiae.

Community Rights Counsel, Washington, D.C. (Jason C. Rylander of counsel), for Association of Towns of the State of New York and others, amici curiae.

Chief Judge KAYE and Judges G.B. SMITH and CIPARICK concur with Judge ROSENBLATT; Judge READ dissents and votes to reverse in a separate opinion in which Judge R.S. SMITH concurs; Judge GRAFFEO dissents and votes to reverse in another opinion.

OPINION OF THE COURT

ROSENBLATT, J.

This appeal calls on us to determine whether a municipality commits an unconstitutional taking when it conditions site plan approval on the landowner's acceptance of a development restriction consistent with the municipality's preexisting conservation policy. We hold that it does not.

I.

Paul and Janet Smith own a 9.7 acre lot in the Town of Mendon. Situated...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases