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Peekskill Suburbs, Inc. v. Morabito

51 N.Y.2d 941 Court N.Y. Decision date 1980-11-18 English

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

Contents

Majority

p. 941
Peekskill Suburbs, Inc., Appellant, v Muriel H. Morabito et al., Constituting the Town Board of the Town of Cortlandt, et al., Respondents.
Argued October 6, 1980;
decided November 18, 1980
p. 942
APPEARANCES OF COUNSEL
George Palmer Frooks and Everett Frooks for appellant.
Frank J. Ryan and Richard A. De Lorenzo for respondent.

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.