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Property Law Keyed to Cribbet
Village of Valatie v. Smith
Facts
The Plaintiff sought to enforce a law under which mobile homes were to be restricted to mobile home parks as of 1968, but that any mobile homes which were not in mobile home parks at that time were allowed to continue being used until the land or the mobile home was sold or transferred. When both parties moved for summary judgment in the trial court, the court granted the Defendant’s motion and denied the Plaintiff’s motion, reasoning that the right to continue a nonconforming use was a right, which ran with the land. The trial court held that the portion of the ordinance which set the termination of nonconforming use at the time of transfer to be unconstitutional. The intermediate appellate court affirmed the trial court, and acknowledged that while a municipality had the authority to phase out nonconforming uses with an “amortization period,” the particular law in question was unreasonable and unconstitutional because the period of time bears no relationship to the use of la nd or the investment in that use. The Plaintiff appealed.
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