06
CORBALLY, GARTLAND AND RAPPLEYEA
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CHARLES J. CORBALLY (1966)
JOHN J. GARTLAND, JR.
ALLAN E.RAPPLEYEA
DANIEL F. CURTIN *
FRED W. SCHAEFFER
JON HOLDEN ADAMS
MICHAEL G. GARTLAND
VINCENT L. DEBIASE
PAU L O. SU LLlVAN *
BARDAVON BUILDING
35 MARKET STREET
FLORIDA OFFICE:
50 SOUTH BELCHER ROAD
BUILDING E. SUITE 122
CLEARWATER, FLORIDA 33S15
813-461-3144
POUGHKEEPSIE, NEW YORK 12601
914-454-1110
MILTON M. HAVEN
JOSEPH F. HAWKINS
COUNSEL May 4, 1981
*MEMBER N. Y. AND FLORIDA BAR
BRANCH OFFICE:
BANK OF MILLBROOK BUILDING
FRAN KLIN AVE.
MILLBROOK, NEW YORK 12545
914-677-5539
Town Board
Town of Wappinger
Wappinger Falls, New York 12590
RtCtlYtQ
MAr 5 1981
ELAINE N. .'IIIt... ·
· """WilEN
Dear Members of the Town Board:
While driving to the meeting Friday, there was a report on
CBS radio that the highest court in Michigan recenly ruled that
a zoning ordinance OIl trailer regulation within a municipality
that restricted the placement of mobile homes within existing
mobile home parks was constitutionally infirm. The commentator
stated that the court found that the modern mobile home bears
no necessary resemblance to its counterpart of thirty years ago
and found that there is no constitutional basis that would permit
a municipality to draw distinctions in its regulatory schemes
between mobile homes and non-mobile homes. At the same time,
according to the commentator, the court did apparently uphold
reasonable regulatory schemes applicable to mobile homes;~'ip:t~ted
outside mobile home parks.>"
I will attempt to locate a copy o~ this decision as although
a finding by the highest court in Michigan is not controlling
authority within New York, the constitutional basis upon which
the court acted could prompt litigation in other states, including
ours. I would assume there is also the possibility of an appeal
to the United States Supreme Court in view of the constitutional
question.
We are not recommending that the town take any action at
this time.
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JHA/lh
& RAPPLEYEA
Very