Legal Opinion · Dissent

McMinn v. Town of Oyster Bay

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

Decided December 17, 1984Published

1DissentO’Connor, J.

My confreres of the majority conclude that provisions of the zoning ordinance are arbitrary and violate due process under the State Constitution. The scholarly and exhaustive opinion of Justice Lazer presents a sharp review of the changing landscape of our times as it carefully weaves its way through the trial testimony of experts for both sides as they discussed the demographic trends which presumably affect the issues before the court.

Plaintiffs’ experts noted that the percentage of American households consisting of unrelated persons living together in 1980 has doubled since 1970 and that…

2Cases cited16 opinions

  1. Northern Westchester Professional Park Associates v. Town of BedfordNew York Court of Appeals · 1983
  2. Village of Belle Terre v. BoraasSupreme Court of the United States · 1974
  3. Klostermann v. CuomoNew York Court of Appeals · 1984
  4. Rodgers v. Village of TarrytownNew York Court of Appeals · 1951
  5. Shepard v. Village of SkaneatelesNew York Court of Appeals · 1949

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