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Matter of Mahoney v. O'Shea Funeral Homes, Inc.

Court of Appeals of the State of New York
Jul 11, 1978
380 N.E.2d 297 (N.Y. 1978)

Opinion

Argued June 1, 1978

Decided July 11, 1978

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, ELI WAGER, J.

Frederick I. Abrams for appellants.

Ira P. Sloane for O'Shea Funeral Homes, Inc., and another, respondents.

W. Kenneth Chave, Jr., Town Attorney (Joseph C. Calabrese of counsel), for Town of Hempstead, respondent.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

In light of the existence of commercially zoned lots in the area surrounding the subject premises, one of which was rezoned from residential to commercial as recently as 1970, we believe that the amendment to the zoning ordinance was not arbitrary and is, therefore, constitutional as applied. Unless shown to be arbitrary, the decision of the local legislative body to zone or rezone property is conclusive and beyond judicial interference. (McGowan v Cohalan, 41 N.Y.2d 434, 438.)

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

Order affirmed.


Summaries of

Matter of Mahoney v. O'Shea Funeral Homes, Inc.

Court of Appeals of the State of New York
Jul 11, 1978
380 N.E.2d 297 (N.Y. 1978)
Case details for

Matter of Mahoney v. O'Shea Funeral Homes, Inc.

Case Details

Full title:In the Matter of JOSEPH MAHONEY et al., Appellants, v. O'SHEA FUNERAL…

Court:Court of Appeals of the State of New York

Date published: Jul 11, 1978

Citations

380 N.E.2d 297 (N.Y. 1978)
380 N.E.2d 297
408 N.Y.S.2d 470

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