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Spring Valley Gardens Associates v. Marrero

Court of Appeals of the State of New York
Jun 5, 1986
68 N.Y.2d 627 (N.Y. 1986)

Opinion

Argued April 30, 1986

Decided June 5, 1986

Appeal from the Supreme Court, Rockland County, Fred A. Dickinson, J.

Milton B. Shapiro and Daniel J. Shapiro for Spring Valley Gardens Associates and others, appellants.

Seymour Dubbs for Joseph Feld and others, appellants.

Lawrence Alexander, Sheldon D. Melnitsky and Martin A. Shlufman for State of New York Division of Housing and Community Renewal, respondent.

Michael A. Stone and Sammy Diament for Village of Spring Valley, respondent.



MEMORANDUM.

The judgment appealed from and the Appellate Division order brought up for review should be affirmed for the reasons stated in the opinion of Justice David T. Gibbons at the Appellate Division.

We note, however, that although it should generally be presumed that the Legislature has investigated and found sufficient facts to support the legislation, that presumption cannot be applied in a case such as this where the implementing legislation requires the local legislative body to first make a particular factual finding. In this case that finding was adequately made.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur.

Judgment appealed from and order of the Appellate Division brought up for review affirmed, with costs, in a memorandum.


Summaries of

Spring Valley Gardens Associates v. Marrero

Court of Appeals of the State of New York
Jun 5, 1986
68 N.Y.2d 627 (N.Y. 1986)
Case details for

Spring Valley Gardens Associates v. Marrero

Case Details

Full title:SPRING VALLEY GARDENS ASSOCIATES et al., Appellants, v. VICTOR MARRERO, as…

Court:Court of Appeals of the State of New York

Date published: Jun 5, 1986

Citations

68 N.Y.2d 627 (N.Y. 1986)
505 N.Y.S.2d 57
496 N.E.2d 216

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