McMinn v. Town of Oyster Bay
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Lazer, J. P.
The issue is the constitutionality and statutory validity of a zoning restriction that, with a limited exception for two persons 62 years of age or over, restricts occupancy of one-family homes to persons related by blood, marriage or adoption. While the proffered theories of illegality are numerous, we conclude that the restriction is fatally unconstitutional because it violates the due process clause of the State Constitution (NY Const, art I, § 6).
I
Oyster Bay is a large but typical suburban town largely zoned for single-family residential use with more than…
2Cases cited30 opinions
- Younger v. HarrisSupreme Court of the United States · 1971
- Stanley v. IllinoisSupreme Court of the United States · 1972
- Moore v. City of East ClevelandSupreme Court of the United States · 1977
- England v. Louisiana State Board of Medical ExaminersSupreme Court of the United States · 1964
- Village of Belle Terre v. BoraasSupreme Court of the United States · 1974
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3Cited by15 opinions
- McMinn v. Town of Oyster BayNew York Court of Appeals · 1985
- Hall v. Zoning Board of AppealsMassachusetts Appeals Court · 1990
- Commonwealth v. JaffeMassachusetts Supreme Judicial Court · 1986
- McMaster v. COLUMBIA BD. OF ZONING APPEALSSupreme Court of South Carolina · 2011
- Gabriel v. New Rochelle Board of Appeals on ZoningAppellate Division of the Supreme Court of the State of New York · 1988
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