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Suffolk Asphalt Supply Inc. v. Board of Trustees of the Village of Westhampton Beach
Citation:51 Misc. 3d 303 (2016).
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
The Plaintiff, Suffolk Asphalt Supply, Inc., owned a parcel of real property in the Village of Westhampton Beach that had been improved with an asphalt plant in 1945. In 1985, the Defendant, the Board of Trustees of the Village, amended the Village’s zoning code so that the use of the property as an asphalt plant no longer conformed. The Plaintiff acquired the property in 1994 and continued to operate the asphalt plant.
In 2000, the Defendant adopted Local Law 10, an amortization which provided that the Plaintiff’s right to operate the nonconforming asphalt plant would terminate within a year unless the Plaintiff applied to the Village Zoning Board of Appeals for an extension of that termination date. An extension would not exceed five years from the date the law was adopted. The Plaintiff applied for such an extension and obtained it from the Village Zoning Board of Appeals. The determination of the extension was dated May 19, 2005 and stated that the Plaintiff must terminate the operation of the asphalt plant by July 2, 2005. The Plaintiff commenced a proceeding to review the Zoning Board of Appeals determination, and that petition was denied.
In the meantime, the Plaintiff commenced an action for a judgement declaring Local Law 10 invalid and unconstitutional.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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