Legal Opinion
Tarolli v. Howe
New York Court of Appeals
Decided October 21, 1975PublishedCited by 6 opinions
1Opinion of the Court
Memorandum. The order of the Appellate Division should be affirmed, with costs.
We agree with the Appellate Division’s construction of subdivision (b) of section 7 of respondent Town of Geddes’ Zoning Ordinance and its conclusion that "the obvious intent of the section was to restrict development of private profit-making enterprises in a residential district”. Moreover, we find the regulation constitutional and a permissible exercise of the police power conferred on respondent by the Legislature (see Town Law, § 261). As was stated in Matter of Wulfsohn v Burden (241 NY 288, 300-301), "[t]he…
2Cases cited5 opinions
- Matter of Wulfsohn v. BurdenNew York Court of Appeals · 1925
- Baddour v. City of Long BeachNew York Court of Appeals · 1938
- McCarter v. BeckwithAppellate Division of the Supreme Court of the State of New York · 1936
- McCarter v. BeckwithNew York Court of Appeals · 1936
- Baddour v. Long BeachSupreme Court of the United States · 1939
3Cited by6 opinions
- Town of Huntington v. Park Shore Country Day Camp of Dix Hills, Inc.New York Court of Appeals · 1979
- Town of Huntington v. Park Shore Country Day Camp of Dix Hills, Inc.Appellate Division of the Supreme Court of the State of New York · 1978
- SMOKE, JOHN T. v. PLANNING BOARD OF TOWN OF GREIGAppellate Division of the Supreme Court of the State of New York · 2016
- Shinnecock Hills Golf Club, Inc. v. NardyAppellate Division of the Supreme Court of the State of New York · 1983
- Smoke v. Planning BoardAppellate Division of the Supreme Court of the State of New York · 2016
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