Village Of Valatie v. Smith

83 N.Y.2d 396, 610 N.Y.S.2d 941, 632 N.E.2d 1264 (1994)

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Nature of the Case

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Facts

In 1968, the Village (P) enacted an ordinance to prohibit placement of mobile homes outside mobile home parks. Under the ordinance, any existing mobile homes located outside a park were allowed to remain as a nonconforming use until either ownership of the mobile home or ownership of the land changed hands. The mobile home owned by Smith's (D) father fell within this exception. In 1989, D inherited the mobile home from her father, and P filed suit to have it removed. D moved for summary judgment, arguing that the portion of the law providing for termination of the use upon transfer of ownership was facially invalid. The lower court granted D's motion for summary judgment, holding that the right to continue a nonconforming use runs with the land and that a law which provides for its termination at the transfer of ownership is unconstitutional. Although the court recognized that P had the right to phase out nonconforming uses, the event which triggers termination must bear some relationship to the use of the land or the investment in that use. P appeals.