goldblatt
hempstead
argued
decided
may
individual
appellant
owned
tract
within
town
hempstead
corporate
appellant
mining
sand
gravel
continuously
since
first
year
excavation
reached
water
table
leaving
crater
since
widened
deepened
became
lake
average
depth
feet
around
town
expanded
within
radius
feet
homes
public
schools
combined
enrollment
pupils
town
amended
ordinance
regulating
excavations
prohibit
excavating
water
table
although
concededly
prohibited
beneficial
use
property
previously
devoted
state
granted
town
injunction
enforce
prohibition
held
record
case
appellants
sustained
burden
showing
depth
limitation
onerous
unreasonable
result
taking
property
without
due
process
law
violation
fourteenth
amendment
pp
affirmed
milton
newman
argued
cause
appellants
briefs
john
bennett
edward
miller
william
mattison
argued
cause
appellee
briefs
richard
charles
mario
matthew
cuomo
john
lane
jerome
powell
filed
brief
national
crushed
stone
association
amicus
curiae
urging
reversal
justice
clark
delivered
opinion
town
hempstead
enacted
ordinance
regulating
dredging
pit
excavating
property
within
limits
appellants
engaged
operations
prior
enactment
ordinance
claim
effect
prevents
continuing
business
therefore
takes
property
without
due
process
law
violation
fourteenth
amendment
trial
held
ordinance
valid
exercise
town
police
power
misc
appellate
division
affirmed
app
div
new
york
appeals
divided
opinion
affirmed
noted
probable
jurisdiction
heard
argument
affirm
judgment
appellant
goldblatt
owns
tract
within
town
hempstead
time
present
litigation
appellant
builders
sand
gravel
corporation
mining
sand
gravel
lot
use
lot
put
continuously
since
end
first
year
excavation
reached
water
table
leaving
crater
widened
deepened
point
lake
average
depth
feet
town
expanded
around
excavation
today
within
radius
feet
homes
four
public
schools
combined
enrollment
pupils
present
action
one
series
steps
undertaken
town
effort
regulate
mining
excavations
within
limits
ordinance
provided
pits
must
enclosed
wire
fence
comply
certain
berm
slope
requirements
although
appellants
complied
ordinance
town
sought
injunction
excavation
violative
zoning
ordinance
failed
appellants
found
conducting
prior
use
premises
issue
town
appeal
town
amended
ordinance
prohibit
excavating
water
table
impose
affirmative
duty
refill
excavation
presently
level
new
amendment
also
made
berm
slope
fence
requirements
onerous
town
brought
present
action
enjoin
mining
appellants
grounds
complied
ordinance
amended
acquired
mining
permit
required
appellants
contended
inter
alia
ordinance
unconstitutional
regulatory
business
completely
prohibitory
confiscated
property
without
compensation
deprived
benefit
favorable
judgment
arising
previous
zoning
litigation
constituted
ex
post
facto
legislation
however
trial
agree
appellants
enjoined
conducting
operations
lot
obtained
permit
complied
new
provisions
ordinance
concededly
ordinance
completely
prohibits
beneficial
use
property
previously
devoted
however
characterization
tell
us
whether
ordinance
unconstitutional
truism
every
regulation
necessarily
speaks
prohibition
ordinance
otherwise
valid
exercise
town
police
powers
fact
deprives
property
beneficial
use
render
unconstitutional
walls
midland
carbon
hadacheck
sebastian
reinman
little
rock
mugler
kansas
see
laurel
hill
cemetery
san
francisco
pointed
mugler
kansas
supra
present
case
must
governed
principles
involve
power
eminent
domain
exercise
property
may
taken
public
use
without
compensation
prohibition
simply
upon
use
property
purposes
declared
valid
legislation
injurious
health
morals
safety
community
sense
deemed
taking
appropriation
property
public
benefit
legislation
disturb
owner
control
use
property
lawful
purposes
restrict
right
dispose
declaration
state
use
one
certain
forbidden
purposes
prejudicial
public
interests
power
prohibiting
use
individuals
property
prejudicial
health
morals
safety
public
consistently
existence
safety
organized
society
burdened
condition
state
must
compensate
individual
owners
pecuniary
losses
may
sustain
reason
permitted
noxious
use
property
inflict
injury
upon
community
say
however
governmental
action
form
regulation
onerous
constitute
taking
constitutionally
requires
compensation
pennsylvania
coal
mahon
see
central
eureka
mining
supra
set
formula
determine
regulation
ends
taking
begins
although
comparison
values
relevant
see
pennsylvania
coal
mahon
supra
means
conclusive
see
hadacheck
sebastian
supra
diminution
value
upheld
far
regulation
may
go
becomes
taking
need
decide
evidence
present
record
even
remotely
suggests
prohibition
mining
reduce
value
lot
question
indulging
usual
presumption
constitutionality
infra
find
indication
prohibitory
effect
ordinance
sufficient
render
unconstitutional
taking
otherwise
valid
police
regulation
question
therefore
narrows
whether
prohibition
excavation
water
table
valid
exercise
town
police
power
term
police
power
connotes
conceptional
limit
public
encroachment
upon
private
interests
except
substitution
familiar
standard
reasonableness
generally
refrained
announcing
specific
criteria
classic
statement
rule
lawton
steele
still
valid
today
justify
state
interposing
authority
behalf
public
must
appear
first
interests
public
require
interference
second
means
reasonably
necessary
accomplishment
purpose
unduly
oppressive
upon
individuals
ordinance
question
passed
safety
measure
town
attempting
uphold
basis
evaluate
reasonableness
therefore
need
know
things
nature
menace
protect
availability
effectiveness
less
drastic
protective
steps
loss
appellants
suffer
imposition
ordinance
careful
examination
record
reveals
dearth
relevant
evidence
points
one
fair
inference
arising
evidence
since
holes
burrowed
fence
surrounding
lake
might
attractive
dangerous
children
indication
whether
lake
stood
actual
danger
public
whether
deepening
lake
increase
danger
terms
dollars
objective
standard
showing
much
anything
imposition
ordinance
cost
appellants
short
evidence
produced
clearly
indecisive
reasonableness
prohibiting
excavation
water
table
although
one
imagine
preventing
deepening
pond
already
feet
deep
de
minimis
effect
public
safety
say
conclusion
compelled
facts
take
notice
even
draw
conclusion
unable
say
ordinance
unreasonable
know
ordinance
may
de
minimis
effect
appellants
past
cases
leave
doubt
appellants
burden
reasonableness
bibb
navajo
freight
lines
exercise
police
power
presumed
constitutionally
valid
salsburg
maryland
presumption
reasonableness
state
carolene
products
exercise
police
power
upheld
state
facts
either
known
reasonably
assumed
affords
support
burden
met
prohibition
excavation
tract
must
stand
valid
police
regulation
turn
attention
remainder
lot
acres
surrounding
present
pit
yet
mined
excavated
appellants
contend
area
mined
say
surface
space
necessary
processing
operations
incident
mining
space
obtainable
urged
important
factor
contention
upholding
depth
limitation
ordinance
confiscate
entire
mining
utility
property
however
upheld
validity
prohibition
even
supposition
depth
limitation
relation
deepening
existing
pit
valid
follows
fortiori
limitation
constitutionally
permissible
applied
prevent
creation
new
pits
also
note
even
appellants
able
obtain
suitable
processing
space
geology
tract
prevent
excavation
water
table
appellants
admit
close
ground
surface
permit
commercial
mining
face
depth
restrictions
ordinance
impossibility
mining
makes
unnecessary
us
decide
extent
berm
slope
excavation
limited
ordinance
appellants
contentions
warrant
passing
word
claim
rights
acquired
previous
litigation
undermined
completely
unfounded
successful
defense
imposition
one
regulation
erect
constitutional
barrier
regulation
first
suit
brought
enforce
zoning
ordinance
present
one
enforce
safety
ordinance
fact
relevant
issues
presented
decided
first
suit
therefore
need
consider
extent
issues
come
protective
wing
due
process
appellants
also
contend
ordinance
unconstitutional
imposes
penalty
fine
imprisonment
affirmative
duties
refilling
existing
excavation
construction
new
fence
claim
founded
principally
constitutional
prohibitions
bills
attainder
ex
post
facto
legislation
provisions
severable
nature
express
declaration
prohibition
excavation
since
enforcement
provisions
sought
present
litigation
principles
time
undertake
decide
constitutionality
ohio
tax
cases
cf
raines
determination
must
await
another
day
pass
provisions
ordinance
invoked
probabilities
us
extent
judgment
affirmed
justice
white
took
part
consideration
decision
case
footnotes
ordinance
town
may
deny
permit
proposed
excavation
violate
provisions
ordinance
similar
scarcity
evidence
relative
value
processing
machinery
event
mining
operations
shut
although
adjudicated
time
appellants
made
substantial
improvements
lot
fact
indicative
loss
appellants
presently
suffer
mine
closed
perhaps
improvements
commercially
salable
appellee
asserts
grounds
properly
preserved
due
disposition
arguments
unnecessary
reach
question