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Adult Uses: Adequate Alternative Sites

By Stewart E. Sterk

Municipal officials dislike adult uses, even when they attract enough business to stay afloat. When municipalities enact zoning ordinances that restrict the location of adult uses, they must take care to assure that adequate alternative sites remain available. In TJS of New York, Inc. v. Town of Smithtown, NYLJ 3/30/10, p. 29, col. 1, the Second Circuit, in an opinion by Judge Guido Calabresi, held that the obligation to provide alternative sites is a continuing one, and that the municipality does not satisfy its obligations merely by assuring that adequate sites are available at the time it enacts its adult use restrictions. The court's result is a sensible one, but the path it took to reach that result may generate unnecessary difficulties.

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