· 1/12/1945
Claim of McCarney v. Crane Co.
Citations
- 268 A.D. 1074
- 52 N.Y.S.2d 471
- 1945 N.Y. App. Div. LEXIS 5549
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding petitioner had vested right where town approved petitioner’s plan and petitioner installed various improvements on the land prior to amendments to applicable zoning ordinance
- applying vested rights doctrine where there had been substantial expenditures and portion of land had been irrevocably granted to town as park in reliance on earlier zoning ordinance
- same, where landowner had made substantial expenditures on land that was irrevocably granted to town in reliance on earlier ordinance
- “The doctrine of vested rights has generally been described as an application of the constitutionally based common-law rule protecting nonconforming uses.”
- to complete a use following the passage of a restrictive zoning amendment, the landowner must have “undertaken substantial construction and made substantial expenditures prior to the effective date of the amendment”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.