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Matter of N. Syracuse v. Vil. of N. Syracuse

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 29, 1988
136 A.D.2d 942 (N.Y. App. Div. 1988)

Opinion

January 29, 1988

Appeal from the Supreme Court, Onondaga County, Inglehart, J.

Present — Dillon, P.J., Boomer, Balio, Lawton and Davis, JJ.


Judgment unanimously affirmed without costs. Memorandum: Special Term applied an incorrect standard in determining that the special use permit should have been granted (see, Matter of Diocese of Rochester v Planning Bd., 1 N.Y.2d 508; Matter of Holy Spirit Assn. v Rosenfeld, 91 A.D.2d 190). Nonetheless, a reversal is not required because, under the standard enunciated in Cornell Univ. v Bagnardi ( 68 N.Y.2d 583), a religious institution enjoys a presumptively favored status with respect to the police powers sought to be protected by zoning laws.

Our examination of the reasons enumerated by the Village Board for denying petitioner a special use permit discloses that the rejection was unreasonable. No expert evidence was proffered concerning any detrimental effect on traffic or drainage (see, Matter of Garnatt Gravel Prods. v Town of Collins, 105 A.D.2d 1057).


Summaries of

Matter of N. Syracuse v. Vil. of N. Syracuse

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 29, 1988
136 A.D.2d 942 (N.Y. App. Div. 1988)
Case details for

Matter of N. Syracuse v. Vil. of N. Syracuse

Case Details

Full title:In the Matter of NORTH SYRACUSE FIRST BAPTIST CHURCH, Respondent, v…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jan 29, 1988

Citations

136 A.D.2d 942 (N.Y. App. Div. 1988)

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