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· 4/24/1944

People v. Mistretta

Citations

  • 267 A.D. 968
  • 48 N.Y.S.2d 449
  • 1944 N.Y. App. Div. LEXIS 5786

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • “Only when the landowner establishes a prima facie case by presenting evidence of sufficient quality and weight to permit the trier of fact to decide in his favor does the State have any burden at all .... ” (internal quotation marks omitted)
  • “A landowner who claims that land regulation has effected a taking of his property bears the heavy burden of overcoming the presumption of constitutionality that attaches to the regulation and of proving every element of his claim beyond a reasonable doubt”

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

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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.