LEISURE GLEN HOMEOWNERS ASSOCIATIONS, INC. v. TORRES


20 A.D.3d 397 (2005)

797 N.Y.S.2d 315

LEISURE GLEN HOMEOWNERS ASSOCIATION, INC., Respondent, v. ROBERT A. TORRES et al., Appellants.

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

July 5, 2005.


Ordered that the order is affirmed, with costs.

In response to the plaintiff's prima facie showing of its entitlement to summary judgment, the defendants failed to raise a triable issue of fact as to whether or not the restrictive covenant in their deed resulted from any unconstitutional action by the Town of Brookhaven Planning Board (see generally Dolan v City of Tigard, 512 U.S. 374 [1994]; Nollan v California Coastal Comm...

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