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Property Law Keyed to Kurtz
Village of Valatie v. Smith
Citation:
632 N.E.2d 1264 (1994)Facts
In 1968, the Village of Valatie enacted chapter 85 of its Village Code to prohibit the placement of mobile homes outside designated mobile home parks. The law allowed existing mobile homes that met certain health standards to remain as nonconforming uses until either ownership of the land or the mobile home changed. At the time of enactment, six mobile homes, including one owned by defendant Smith’s father, qualified for this exception. In 1989, Smith inherited the mobile home from her father, triggering the termination provision of the ordinance. The Village then instituted an action to enforce the law and have the mobile home removed. Smith challenged the constitutionality of the ordinance, arguing that the right to continue a nonconforming use runs with the land and cannot be terminated merely by a change in ownership. The Village maintained that the ordinance was a reasonable exercise of its police power to gradually eliminate nonconforming uses, and that the amortization period—which effectively lasted from 1968 until ownership changed—was reasonable.
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