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Golden v. Planning Bd. of the Town of Ramapo

Citation: 2 ELR 20296
No. No. 475, 30 N.Y.2d 359/334 N.Y.S.2d 138, (N.Y., 05/03/1972)

The State of New York's zoning enabling legislation permits the Town of Ramapo to amend its Zoning Ordinance to insure phased growth. The legitimate zoning purposes of the amendments, which delay development of property in some areas for up to eighteen years depending on the availability of municipal facilities, are avoidance of undue concentration of population and facilitation of adequate provision of transportation, water, sewage schools, parks, and other public requirements. The regulation is not exclusionary; it seeks to control, not to prevent, growth. Although the amendments temporarily limitthe use of, and may depreciate the value of, property in Ramapo, there is no unconstitutional taking of property because it has not been shown that the regulation is either unreasonable in terms of necessity or that the diminuation in value is such as to be tantamount to a confiscation.

Counsel for Respondent Golden:
David Corao
44 Park Ave.
Suffern, N.Y.

Counsel for Respondent Rockland County Builders Association:
Granik, Garson, Silverman & Nowicki
102 North Main St.
New City, N.Y.

Counsel for Appellants:
Max Mason
Town Hall
Ramapo, N.Y.