Long Clove, LLC v. Town of Woodbury

Full title: LONG CLOVE, LLC, Appellant, v. TOWN OF WOODBURY, Respondent

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: May 31, 2005

18 A.D.3d 826 (N.Y. App. Div. 2005)

795 N.Y.S.2d 458

Opinion

2003-09273.

May 31, 2005.

In an action, inter alia, for a judgment declaring certain provisions of the Code of the Town of Woodbury unconstitutional as applied to the plaintiff, the plaintiff appeals from a judgment of the Supreme Court, Orange County (Owen, J.), entered April 20, 2004, which, inter alia, declared that the provisions were constitutional as applied to it.

Before: Schmidt, J.P., S. Miller, Krausman and Fisher, JJ., concur.

Ordered that the judgment is affirmed, with costs.

Contrary to the plaintiff's contention, the Supreme Court properly upheld the constitutionality of Local Law No. 2 (1989) (Code of Town of Woodbury § 139-28 [C] [6]) as applied to it ( see Dolan v. City of Tigard, 512 US 374; Twin Lakes Dev. Corp. v. Town of Monroe, 1 NY3d 98, cert denied 541 US 974).