Tpk. Woods, Inc. v. Town of Stony Point, 514 N.E.2d 380 (NY 1987). · Go Syfert
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Tpk. Woods, Inc. v. Town of Stony Point, 514 N.E.2d 380 (NY 1987). Cases Citing This Book View Copy Cite
39 citation events (16 in the last 25 years) across 7 distinct courts.
Strongest positive: Roxanne Delgado v. State of New York (ny, 2022-11-17)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 14 distinct citers. How cited ↗
discussed Cited as authority (rule) Roxanne Delgado v. State of New York
NY · 2022 · confidence medium
Capital Corp. v New York State Div. of Tax Appeals Trib., 2 NY3d 249, 258 [2004]).13 13 The dissent claims that these cases do not concern supersession (dissenting op at 12 n 4) but does not explain why the statute there at issue—which authorizes courts and agencies - 22 - - 23 - No. 83 Courts have also explicitly blessed supersession clauses in our local government law (Matter of Sherman v Frazier, 84 AD2d 401, 407-408 [2d Dept 1982]; see also Kamhi v Town of Yorktown, 74 NY2d 423, 429-434 [1989] [“When municipalities act within their supersession authority, even local laws that are incon…
cited Cited as authority (rule) YNGH, LLC v. Village of Gouverneur
N.Y. App. Div. · 2014 · confidence medium
Turnpike Woods v Town of Stony Point, 70 NY2d 735, 738 [1987]).
cited Cited as authority (rule) YNGH, LLC v. Village of Gouverneur
N.Y. App. Div. · 2014 · confidence medium
Turnpike Woods v Town of Stony Point, 70 NY2d 735, 738 [1987]).
cited Cited as authority (rule) YNGH,LLCvVillageofGouverneur
N.Y. App. Div. · 2014 · confidence medium
Turnpike Woods v Town of Stony Point, 70 NY2d 735, 738 [1987]).
discussed Cited as authority (rule) Kittredge v. Planning Board
N.Y. App. Div. · 2008 · confidence medium
Under these circumstances, the statutes cannot he reconciled applying the interpretation urged by respondents (see generally Municipal Home Rule Law § 10 [1] [ii]; Turnpike Woods v Town of Stony Point, 70 NY2d 735, 737 [1987]).
discussed Cited as authority (rule) Guzdek v. Mohan
N.Y. App. Div. · 2008 · confidence medium
That section of the Code does not “substantially] adhere[ ] to the statutory methods to evidence a legislative intent to . . . supersede those provisions of [Town Law § 150] sought to be . . . superseded” (Turnpike Woods v Town of Stony Point, 70 NY2d 735, 737 [1987]).
discussed Cited as authority (rule) LaLima v. County of Suffolk
N.Y. App. Div. · 2007 · confidence medium
Contrary to the appellants’ contention, Laws of Suffolk County, chapter 750, article 1 (Management Salary Plan) § 750-6.2, providing that Suffolk County managers were to be paid a 3.5% raise in 2003, did not supersede either state law or the regulations promulgated thereunder (see Turnpike Woods v Town of Stony Point, 70 NY2d 735, 737 [1987]; Municipal Home Rule Law § 22).
discussed Cited as authority (rule) Viscio v. Town of Wright
N.Y. App. Div. · 2007 · confidence medium
The purpose of mandatory substantial adherence “is to compel definiteness and explicitness, to avoid the confusion that would result if one could not discern whether the local legislature intended to super[c]ede an entire [s]tate statute, or only part of one—and, if only a part, which part” (Turnpike Woods v Town of Stony Point, supra at 738). * Local Law No. 2 clearly states an intention to create a ZBA with “all the power and responsibility allowed under Town Law, Section 267.” By such local law, the ZBA was given the power to “hear appeals and grant variances in regard to Local …
cited Cited as authority (rule) In Re Appeal of Richards
Vt. · 2002 · confidence medium
Woods, Inc. v. Town of Stony Point, 514 N.E.2d 380, 381 (N.Y. 1987).
cited Cited as authority (rule) Village of Webster v. Town of Webster
N.Y. Sup. Ct. · 1999 · confidence medium
(See generally, Turnpike Woods v Town of Stony Point, 70 NY2d 735, 737-738 [1987].) .
discussed Cited as authority (rule) Walker v. Town of Hempstead
N.Y. App. Div. · 1993 · confidence medium
A clear statement avoids 'the confusion that would result if one could not discern whether the local legislature intended to supersede an entire State statute, or only part of one — and, if only a part, which part.’ (Turnpike Woods v Town of Stony Point, supra, at 738; Bareham v City of Rochester, 246 NY 140, 150 [interpreting predecessor provision City Home Rule Law § 12]; see also, County of Rensselaer v City of Troy, 102 AD2d 976, 977 ; Stone v Village of Baldwinsville, 138 Misc 2d 164 ) * * * "While section 22 provides that failure to comply punctiliously with every specification requ…
discussed Cited as authority (rule) Kamhi v. Town of Yorktown (2×)
NY · 1989 · confidence medium
A clear statement avoids "the confusion that would result if one could not discern whether the local legislature intended to supersede an entire State statute, or only part of one — and, if only a part, which part.” (Turnpike Woods v Town of Stony Point, supra, at 738; Bareham v City of Rochester, 246 NY 140, 150 [interpreting predecessor provision City Home Rule Law § 12]; see also, County of Rensselaer v City of Troy, 102 AD2d 976, 977 ; Stone v Village of Baldwinsville, 138 Misc 2d 164 .) Local Law No. 6 does not expressly amend or supersede Town Law § 274-a, nor does it contain any d…
discussed Cited as authority (rule) Stone v. Village of Baldwinsville (2×)
N.Y. Sup. Ct. · 1988 · confidence medium
(Turnpike Woods v Town of Stony Point, supra, at 737.) The Court of Appeals has thus ruled that, although strict compliance with the terms of Municipal Home Rule Law § 22 (1) is not required, the local law must contain some evidence of an intent to supersede a general State law in order to effect supersession pursuant to Municipal Home Rule Law § 10 (1) (ii) (d) (3).
cited Cited "see" Doe v. Black
S.D.N.Y. · 2024 · signal: see · confidence high
See id. at 15 (citing Lafayette Trees v. City of Lafayette, 32 Cal. App. 5th 148, 162 (Cal. Ct. App. 2019)).
Retrieving the full opinion text from the archive…
Turnpike Woods, Inc.
v.
Town of Stony Point
New York Court of Appeals.
Sep 17, 1987.
514 N.E.2d 380
APPEARANCES OF COUNSEL, Robert H. Freilich and Joel L. Scheinert for appellant., James A. Fitzgerald and Jeanne M. Hurley for respondents.
Cited by 27 opinions  |  Published

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with[*737] costs, and the judgment of Supreme Court reinstated insofar as it directed the Town Clerk to issue to petitioner a certificate of approval pursuant to Town Law § 276 (4).

While towns may impose certain restrictions and conditions on the use and development of land pursuant to the appropriate legislative grant of authority (see, Town Law § 261; Municipal Home Rule Law § 10 [1] [ii] [a] [14]; Statute of Local Governments § 10 [6]), they may not exercise this grant of power in a manner inconsistent with State law — unless the power to amend or supersede State law has been expressly conferred (see, Municipal Home Rule Law § 10 [1] [ii]; § 10 [1] [ii] [d] [3]; Matter of Sherman v Frazier, 84 AD2d 401, 405-410; cf, Rozler v Franger, 46 NY2d 760, affg on opn below 61 AD2d 46 [power of village to amend or supersede Village Law pursuant to Municipal Home Rule Law § 10 (1) (ii) (e) (3)]).

Respondent argues that Local Law No. 7 is a valid amendment of Town Law § 276 (4) pursuant to the express authority to amend or supersede general provisions of the Town Law extended in Municipal Home Rule Law § 10 (1) (ii) (d) (3). Although the Appellate Division, relying on Matter of Dune Assocs. v Anderson (119 AD2d 574) found respondent’s local law a valid interim zoning measure, we need not reach this broader issue of whether the power granted in Municipal Home Rule Law § 10 (1) (ii) (d) (3) may operate to supersede the command of Town Law § 276 (4) that planning boards act on applications for final plat approval within 45 days of their submission, because Local Law No. 7 is ineffective to supersede Town Law § 276 (4) in any event in that it fails to comply with Municipal Home Rule Law § 22 (see, Matter of Sherman v Frazier, 84 AD2d 401, 405-406, supra; Bill Jacket to L 1976, ch 365, Mem of Department of State [amendment affects power to restructure town government and administration]).

While section 22 (1) does not, by its terms, mandate technical adherence to any one of the specifically described procedures for amending or superseding a State law, we have required substantial adherence to the statutory methods to evidence a legislative intent to amend or supersede those provisions of a State law sought to be amended or superseded (Bareham v City of Rochester, 246 NY 140, 150 [interpreting predecessor provision City Home Rule Law § 12; repealed by Municipal Home Rule Law § 58, eff Jan. 1, 1964]; see also, County of Rensselaer v City of Troy, 102 AD2d 976, 977;[*738] Matter of La Cagnina v City of Schenectady; 70 AD2d 761, 762; Municipal Home Rule Law §22 [2]). The purpose of section 22 is to compel definiteness and explicitness, to avoid the confusion that would result if one could not discern whether the local legislature intended to supersede an entire State statute, or only part of one — and, if only a part, which part (Bareham v City of Rochester, 246 NY 140, 150, supra).

Local Law No. 7 does not expressly amend or supersede Town Law § 276 (4), nor does it contain any declaration of intent to do so. Nowhere does it define by reference to chapter and section number, or by reference to title, or by replication of actual text, the particular provision(s) of the Town Law to which it purports to apply. Notably, while section VII of Local Law No. 7 — entitled "Repeal of Other Laws” — declares the supersession of all prior ordinances in conflict with the moratorium, any reference to the Town Law, or more specifically to Town Law § 276 (4), is conspicuously absent. Indeed, one reading the entire text of Local Law No. 7 is unable to perceive with reasonable certainty which provisions of the Town Law, if any, it seeks to supersede (see, Bareham v City of Rochester, 246 NY 140, 150, supra; Matter of McCabe v Voorhis, 243 NY 401, 415-416). We decline to supply the necessary legislative indications by implication (cf., McKinney’s Cons Laws of NY, Book 1, Statutes § 391 [implied repeals]; Alweis v Evans, 69 NY2d 199, 204 [repeal of statute by implication not favored and will be decreed only where intent is clear and two statutes cannot be harmonized]; People v Mann, 31 NY2d 253, 257-258; Cimo v State of New York, 306 NY 143, 148-149).

Insofar as Local Law No. 7 purports to suspend for six months the duty of the Town Planning Board to act on petitioner’s application, it is inconsistent with the requirement of Town Law § 276 (4) that a town planning board act on applications for final plat approval within the prescribed time period, and is therefore invalid. We have no occasion today to consider whether such portions of Local Law No. 7 that are not inconsistent with Town Law § 276 (4) are separable, and therefore valid (see, Bareham v City of Rochester, 246 NY 140, 151, supra; Matter of McCabe v Voorhis, 243 NY 401, 416, supra). Nor do we reach any issue in respect to the constitutional validity of a local moratorium under the taking clauses of the Federal and State Constitutions (see, First English Evangelical Lutheran Church v County of Los Angeles, 482 US —, 107 S Ct 2378).

Chief Judge Wachtler and Judges Simons, Kaye, Alexan[*739] der, Titone, Hancock, Jr., and Bellacosa concur in memorandum.

Order reversed, etc.