Village of Valatie v. Smith

632 N.E.2d 1264 (1994)

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Village of Valatie v. Smith

New York Court of Appeals
632 N.E.2d 1264 (1994)

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Facts

The Village of Valatie (plaintiff) enacted an ordinance that required all mobile homes in the town to be located in mobile home parks. The ordinance allowed for the existence of nonconforming uses for owners of mobile homes whose homes were already located outside of mobile home parks. The nonconforming use for each owner was to terminate upon transfer of his or her mobile home. Smith (defendant) inherited a mobile home from her father who benefitted from the nonconforming use exception. The Village of Valatie then began this action to enforce the ordinance to have the mobile home moved to a mobile home park.

Rule of Law

Issue

Holding and Reasoning (Simons, J.)

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