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New York Real Estate Law ReporterLJN NewslettersNewsSections

Sorting Out Vested Rights and Non-Conforming Uses

By Stewart E. Sterk
March 29, 2010

Pre-existing non-conforming use doctrine and “vested rights” doctrine are two different, but related, mechanisms for protecting landowners from the impact of a newly enacted zoning ordinance. Both are state law doctrines with constitutional underpinnings: they both operate to obviate the need for landowners to raise, and courts to consider, claims that a newly enacted ordinance works a “taking.” In Global Aggregates LLC v. Town of Yorkshire (NYLJ 2/19/2010, p. 41., col. 3), the Court of Appeals decided a case in which the landowner raised both doctrines.

The Case

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