From our private database of 33,800+ case briefs...
Suffolk Asphalt Supply, Inc. v. Board of Trustees of the Village of Westhampton Beach
Suffolk County Supreme Court
51 Misc. 3d 303 (2016)
In 1985, the Board of Trustees of the Village of Westhampton Beach (defendant) amended its zoning laws such that the only asphalt plant in town no longer conformed with its zoning. In 1994, Suffolk Asphalt Supply, Inc. (plaintiff) purchased and continued to operate the plant. In 2000, the board adopted a local phase-out law terminating the nonconforming use unless the plant applied for an extension, which was not to exceed five years. The plant obtained the maximum extension and kept operating another five years. When the zoning board of appeals directed the plant to cease operations, the plant sued, asking the court to declare the local law terminating its nonconforming use invalid and unconstitutional. Before trial, the parties agreed that the court should resolve three threshold issues: (1) which time period would apply to determine the constitutional adequacy of the time the plant had to amortize and recover its investment, (2) which measure would apply to determine the value of the investment amortized, and (3) whether the plant could include the costs of litigation necessary to continue operations in the investment amortized.
Rule of Law
Holding and Reasoning (Emerson, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 604,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 604,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 33,800 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.