Court of Appeals of New York
Glacial Aggregates LLC v. Town of Yorkshire, 26
In an action under 42 U.S.C. section 1983 by a developer alleging a prior nonconforming use and deprivation of a vested right to mine gravel on municipal property, the appellate division's reversal of a verdict for plaintiff is reversed where a rational jury could conclude that the property at issue was used for a nonconforming purpose, as distinguished from a mere contemplated use, at the time the zoning ordinance became effective.
Appellate Information
- Decided 02/18/2010
- Published 02/18/2010
Judges
Court
- Court of Appeals of New York