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Village of Valatie v. Smith

Court of Appeals of New York

632 N.E.2d 1264 (1994)

Relevant factsFree

Valatie (plaintiff) enacted an ordinance requiring mobile homes to be located in mobile home parks, but grandfathered in a nonconforming use for owners whose homes already sat outside such parks, with that exception terminating whenever the mobile home was transferred. Smith (defendant) inherited a mobile home benefiting from that nonconforming-use exception from her father, and the village then sued to enforce the ordinance and require the home moved to a mobile home park upon that transfer.

IssueFree

Whether an amortization period will be held reasonable if an owner is provided with adequate time to recover her investment.

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