Cornell University v. Bagnardi

OPINION OF THE COURT

Casey, J.

The City of Ithaca Zoning Ordinance is invalid insofar as it excludes the proposed expansion of an educational use by plaintiff, Cornell University, into a residential area of the city by requiring a variance for such use and conditioning the issuance of such variance upon a showing of hardship. Plaintiff is not, however, entitled to a judgment declaring totally void and ineffective the provisions of the zoning ordinance as applied to *399plaintiff and restraining defendants from interfering with plaintiff’s use of the subject property. The judgment of Trial Term…