Incorporated Village of Atlantic Beach v. Town of Hempstead
| Decision Date | 23 May 1967 |
| Citation | 228 N.E.2d 395,281 N.Y.S.2d 337,19 N.Y.2d 929 |
| Parties | , 228 N.E.2d 395 INCORPORATED VILLAGE OF ATLANTIC BEACH, Appellant, v. TOWN OF HEMPSTEAD, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from an order of the Supreme Court, Appellate Division, Second Department, 27 A.D.2d 556, 276 N.Y.S.2d 4.
Lapp & Schacher, Far Rockaway (Charles E. Lapp, Jr., Cedarhurst, of counsel), for appellant.
Howard E. Levitt, Hempstead (John F. O'Shaughnessy, Seaford, of counsel), for defendant-respondent.
The incorporated village commenced an action for declaratory judgment that its board of trustees alone had authority to regulate zoning within its limits and for an injunction restraining town board of trustees from continuing to exercise that power and from levying taxes on real estate in village limits for expenses incurred in connection therewith.
The Supreme Court, Special Term, Mario Pittoni, J., 47 Misc.2d 29, 262 N.Y.S.2d 28, entered an order and judgment in Nassau County, granting motion by village for summary judgment, denying cross motion by town for summary judgment and declaring that sections 1606 and 1607 of chapter 879 of Laws of 1936, Nassau County Government Law, were unconstitutional insofar as they purported to vest in Town of Hempstead the right or jurisdiction to exercise powers referred to therein as to real property within corporate limits of Incorporated Village of Atlantic Beach, that village had sole right to exercise said powers within its corporate limits, and granting injunctive relief against town and dismissing a counterclaim asserted by town, and the town appealed.
The Appellate Division reversed order and judgment of the Special Term, granted town's cross motion as to relief requested in its counterclaim for judgment declaring that it had sole right and jurisdiction to exercise, within corporate limits of village, power referred in Sections 1606 and 1607 and enjoining village from exercising them, and remitted action to Special Term for making of consistent declaratory judgment, and the village appealed.
Sections 1606 and 1607 of Nassau County Government Law, which became effective on January 1, 1938, provided that existing and future legislation which conferred on towns powers with respect to zoning matters were to remain in force and that powers then or thereafter conferred by law on any town, board or commission thereof shall be exercised within all portions of town unincorporated as a village on date on which act became...
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Incorporated Village of Muttontown v. Friscia
...a novel question of law. Whereas the decision rendered in Incorporated Village of Atlantic Beach v. Town of Hempstead, 47 Misc.2d 29, 262 N.Y.S.2d 28; 27 A.D.2d 556, 276 N.Y.S.2d 4; 19 N.Y.2d 929, 281 N.Y.S.2d 337, 228 N.E.2d 395, upheld the constitutionality of Section 1607 insofar as that......
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Incorporated Village of Atlantic Beach v. Gavalas
...Town of Hempstead is empowered to enact and enforce zoning laws within the Village (see, Incorporated Vil. of Atlantic Beach v. Town of Hempstead, 19 N.Y.2d 929, 281 N.Y.S.2d 337, 228 N.E.2d 395). Since the Town, and not the Village, is the ultimate decision-maker as to land use and zoning ......
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Century Federal Sav. and Loan Ass'n of Long Island v. Incorporated Village of Atlantic Beach
...purposes . . ..' See, Incorporated Village of Atlantic Beach v. Town of Hempstead, 27 A.D.2d 556, 276 N.Y.S.2d 4, affd. 19 N.Y.2d 929, 281 N.Y.S.2d 337, 228 N.E.2d 395. The power retained by the Town under the County Charter is essentially identical to Village Law § 7--700, the section whic......
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Incorporated Village of Atlantic Beach v. Town of Hempstead
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