Abany Preparatory Charter School v. City of Albany

Spain, J. (concurring).

This appeal presents the novel question of the applicability of the rationale underlying Cornell Univ. v Bagnardi (68 NY2d 583 [1986]) and its progeny to a request to locate a private, nonparochial, middle school in a commercially zoned district in which private schools are not permitted uses under the local zoning ordinance. Because I am concerned that existing precedent does not support a ruling that exclusion of private schools from designated nonresidentially zoned districts can never be upheld as an exercise of a municipality’s police power to regulate land use, I…