Town of LaGrange v. Giovenetti Enterprises, Inc.

CourtNew York Supreme Court — Appellate Division
Writing for the CourtBefore THOMPSON
Citation123 A.D.2d 688,507 N.Y.S.2d 54
Decision Date14 October 1986
PartiesTOWN OF LaGRANGE, Respondent-Appellant, v. GIOVENETTI ENTERPRISES, INC., et al., Appellants-Respondents.

Page 54

507 N.Y.S.2d 54
123 A.D.2d 688
TOWN OF LaGRANGE, Respondent-Appellant,
v.
GIOVENETTI ENTERPRISES, INC., et al., Appellants-Respondents.
Supreme Court, Appellate Division,
Second Department.
Oct. 14, 1986.

Page 55

Crane, Wolfson, Roberts & Greller, Poughkeepsie (William G. Crane and Ronald Sinzheimer, of counsel), for appellants-respondents.

Van DeWater and Van DeWater, Poughkeepsie (Ronald C. Blass, Jr., of counsel), for respondent-appellant.

Before THOMPSON, J.P., and WEINSTEIN, RUBIN and SPATT, JJ.

MEMORANDUM BY THE COURT.

In an action, inter alia, to enjoin the defendants from storing or transferring refuse on their property, the defendants appeal, as limited by their brief, from so much of an order and judgment (one paper) of the Supreme Court, Dutchess County (Beisner, J.), dated June 2, 1986, as, after a nonjury trial, dismissed their counterclaims and granted the plaintiff's demand for a permanent injunction against them, and the plaintiff cross-appeals from so much of the same judgment as dismissed its second cause of action.

ORDERED that the order and judgment is modified, on the law, by deleting the provision thereof which dismissed the plaintiff's second cause of action, and substituting therefor a provision by granting the plaintiff judgment on its second cause of action. As so modified, the order and judgment is affirmed, with costs to the plaintiff, and the matter is remitted to the Supreme Court, Dutchess County, for the entry of an appropriate amended judgment enjoining the defendants from using the premises in question for the storage of garbage-filled trucks and the transfer of garbage from truck to truck.

The trial court properly dismissed the defendants' challenge to the relevant statutes. The exclusion of commercial solid waste transfer stations from the schedule of permitted uses contained in the town's zoning ordinance does amount to a complete prohibition. However, such a prohibition is not per se unreasonable; the ordinance must be scrutinized to determine whether it is "clearly arbitrary and unreasonable, having no substantial relation to the public health, safety, morals, or general welfare" (see, Berenson v. Town of New Castle, 38 N.Y.2d 102, 107, 378 N.Y.S.2d 672, 341 N.E.2d 236). To the extent that this ordinance prohibits transfer stations, it is sufficiently related to the town's concerns with the effect that garbage, rubbish and refuse kept, even temporarily, on private lands within the town...

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7 practice notes
  • Town of Islip v. Zalak
    • United States
    • New York Supreme Court — Appellate Division
    • February 11, 1991
    ...may even go so far as to ban such facilities from its territorial limits altogether (see, Town of LaGrange v. Giovenetti Enters., 123 A.D.2d 688, 507 N.Y.S.2d 54). This determination is consistent with a line of cases which holds that, in the exercise of its police powers, a [165 A.D.2d 89]......
  • Town of Clarkstown v. C&A Carbone, Inc.
    • United States
    • New York Supreme Court Appellate Division
    • August 31, 1992
    ...disposal facilities (see, Monroe-Livingston Sanitary Landfill v. Town of Caledonia, supra; Town of LaGrange v. Giovenetti Enters., 123 A.D.2d 688, 507 N.Y.S.2d More recent legislative responses (see, e.g., L.1983, ch. 544; L.1988, ch. 70; L.1991, ch. 569) to what has become a national crisi......
  • Town of Beacon Falls v. Posick, No. 13561
    • United States
    • Supreme Court of Connecticut
    • August 8, 1989
    ...of Baker, 408 So.2d 248, 249 (La.1981) (prohibition of recording studio); LaGrange v. Giovenetti Enterprises, 123 App.Div.2d 688, 689, 507 N.Y.S.2d 54 (1986) (prohibition of solid waste transfer station); see McNeill v. Plumstead Township, 215 N.J.Super. 532, 537, 522 A.2d 469 (1987) (munic......
  • Moran v. Village of Philmont, No. 1
    • United States
    • New York Supreme Court — Appellate Division
    • June 22, 1989
    ...a valid health and safety measure within the scope of the Village's police powers (see, Town of La Grange v. Giovenetti Enters., 123 A.D.2d 688, 689, 507 N.Y.S.2d 54; Town of Plattekill v. Dutchess Sanitation, 56 A.D.2d 150, 391 N.Y.S.2d 750; affd. 43 N.Y.2d 662, 400 N.Y.S.2d 816, 371 N.E.2......
  • Request a trial to view additional results
7 cases
  • Town of Islip v. Zalak
    • United States
    • New York Supreme Court — Appellate Division
    • February 11, 1991
    ...may even go so far as to ban such facilities from its territorial limits altogether (see, Town of LaGrange v. Giovenetti Enters., 123 A.D.2d 688, 507 N.Y.S.2d 54). This determination is consistent with a line of cases which holds that, in the exercise of its police powers, a [165 A.D.2d 89]......
  • Town of Clarkstown v. C&A Carbone, Inc.
    • United States
    • New York Supreme Court Appellate Division
    • August 31, 1992
    ...disposal facilities (see, Monroe-Livingston Sanitary Landfill v. Town of Caledonia, supra; Town of LaGrange v. Giovenetti Enters., 123 A.D.2d 688, 507 N.Y.S.2d More recent legislative responses (see, e.g., L.1983, ch. 544; L.1988, ch. 70; L.1991, ch. 569) to what has become a national crisi......
  • Town of Beacon Falls v. Posick, No. 13561
    • United States
    • Supreme Court of Connecticut
    • August 8, 1989
    ...of Baker, 408 So.2d 248, 249 (La.1981) (prohibition of recording studio); LaGrange v. Giovenetti Enterprises, 123 App.Div.2d 688, 689, 507 N.Y.S.2d 54 (1986) (prohibition of solid waste transfer station); see McNeill v. Plumstead Township, 215 N.J.Super. 532, 537, 522 A.2d 469 (1987) (munic......
  • Moran v. Village of Philmont, No. 1
    • United States
    • New York Supreme Court — Appellate Division
    • June 22, 1989
    ...a valid health and safety measure within the scope of the Village's police powers (see, Town of La Grange v. Giovenetti Enters., 123 A.D.2d 688, 689, 507 N.Y.S.2d 54; Town of Plattekill v. Dutchess Sanitation, 56 A.D.2d 150, 391 N.Y.S.2d 750; affd. 43 N.Y.2d 662, 400 N.Y.S.2d 816, 371 N.E.2......
  • Request a trial to view additional results

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