Westbury Hebrew Congregation, Inc. v. Downer

Plaintiff seeks a judgment declaring the defendants ’ Building Zone Ordinance of 1926, as amended, arbitrary, capricious, unreasonable and unconstitutional insofar as it prevents plaintiff from using its premises for a religious or parochial school for the religious and secular training of children of Jewish faith, barring defendants from interfering with plaintiff’s use of its premises as previously stated, and for other auxiliary relief.

Plaintiff, a religious corporation owning the buildings on a 15%-acre plot in a “ BB ” Residence zone, received a building permit in 1958 for a synagogue,…