Opinion

Peekskill Suburbs, Inc. v. Morabito

51 N.Y.2d 941
434 N.Y.S.2d 989
415 N.E.2d 977
1980 N.Y. LEXIS 2775

Court: New York Court of Appeals
Filed: Nov 18, 1980
Status: Published
On the bench: Cooke, Fuchsberg, Gabrielli, Jasen, Jones, Meyer, Wachtler
Cited by: 6 cases
Authority: More cited than 95.2%

The opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

On this record, it cannot be said that petitioner has established a legal infirmity in the denial of the change of zoning. Nor can we conclude that the refusal to grant the change is confiscatory, especially since the property is the subject of nonconforming uses which were not alleged or shown to be without economic value.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed, with costs, in a memorandum.

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