McGann v. Incorporated Village of Old Westbury

*662OPINION OF THE COURT

Thomas P. Phelan, J.

This is a declaratory judgment action tried without a jury principally to determine whether plaintiffs’ proposed use as a cemetery of its 97-acre parcel, bounded on the south by Jericho Turnpike, on the east by Hitchcock Lane, and on the west by Powell Lane, in the Incorporated Village of Old Westbury would constitute a religious use of property entitling plaintiffs to additional considerations and accommodations under defendants’ Zoning Code.*

Plaintiffs do not claim that cemetery use would be accessorial or ancillary to a place of worship but claim…