· 11/9/1944
People ex rel. Horowitz v. Sheriff
Citations
- 268 A.D. 911
- 51 N.Y.S.2d 232
- 1944 N.Y. App. Div. LEXIS 4215
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting, however, that it was not necessary to decide “the extent to which, if at all, the protections of the ‘Takings Clause’ of the New York State Constitution differ from those under the Federal Constitution.”
- ordinance intended to preserve \single room occupancy\ housing effectively required owners to rent their properties indefinitely to strangers
- evaluation of whether there is a substantial interest requires consideration of whether there is a sufficiently close nexus between burdens and end advanced as justification for them
- “Under the traditional conception of property, the most important of the various rights of an owner is the right of possession which includes the right to exclude others from occupying or using the space.”
- considering federal and state takings claims together
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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