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Village of Valatie v. Smith
Citation:
83 N.Y.2d 396, 632 N.E.2d 892, 610 N.Y.S.2d 941 (1994)Facts
In 1968, the Village of Valatie enacted Chapter 85 of its Village Code, which prohibited the placement of mobile homes outside designated mobile home parks. The law contained a provision allowing existing mobile homes that met certain health standards to remain as nonconforming uses until either ownership of the land or the mobile home changed. According to the Village, six mobile homes, including one owned by defendant Smith’s father, fell within this exception when the law was enacted. 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. Both parties moved for summary judgment. The lower courts ruled in Smith’s favor, finding the ordinance unconstitutional because it terminated the nonconforming use based on change of ownership rather than on land use considerations.
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