Legal Opinion

Union Free School District No. 14 v. Village of Hewlett Bay Park

Appellate Division of the Supreme Court of the State of New York

Decided October 29, 1951PublishedCited by 19 opinions

1Opinion of the Court

The Village Law empowers villages to adopt zoning ordinances for “the purpose of promoting the health, safety, morals, or the general welfare of the community” (§ 175). Any regulations adopted must be designed to facilitate “ the adequate provision of * * * schools ” (§ 177). The Constitution of the State imposes the duty upon the Legislature to provide a system of free public education, and reserves to the Legislature full power in relation to the “ maintenance, support or administration ” of the system, notwithstanding the powers conferred by the Home Rule provisions of the Constitution…

2Cases cited4 opinions

  1. Jewish Consumptives' Relief Society v. Town of WoodburyAppellate Division of the Supreme Court of the State of New York · 1930
  2. Jewish Consumptives' Relief Society v. Town of WoodburyNew York Court of Appeals · 1931
  3. Board of Education of Union Free School District No. 1 v. WilsonNew York Court of Appeals · 1951
  4. People ex rel. Elkind v. RosenblumNew York Supreme Court · 1945

3Cited by19 opinions

  1. State Ex Rel. St. Louis Union Trust Co. v. FerrissSupreme Court of Missouri · 1957
  2. Board of Education v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1969
  3. Board of Cooperative Educational Services v. GaynorNew York Supreme Court · 1969
  4. Board of Cooperative Educational Services v. GaynorAppellate Division of the Supreme Court of the State of New York · 1969
  5. Town of Onondaga v. Central School District No. 1New York Supreme Court · 1968

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