Legal Opinion
Shapiro v. Town of Oyster Bay
New York Supreme Court
Decided February 28, 1961PublishedCited by 7 opinions
1Opinion of the CourtBernard S. Meyer, J.
Fundamental to the declaration of the invalidity of a zoning ordinance as it applies to a particular parcel of property are the principles that complainants must establish such invalidity not merely by a preponderance of evidence but beyond a reasonable doubt, and that the court’s function is limited to the declaration of what the zoning classification may not be and does not extend to fixation of the proper zoning classification. The present action concerns an irregularly shaped parcel of approximately two and one-quarter acres located at the northeast corner of South Oyster Bay Road and the…
2Cases cited7 opinions
- Dowsey v. Village of KensingtonNew York Court of Appeals · 1931
- Isenbarth v. BartnettAppellate Division of the Supreme Court of the State of New York · 1923
- Matter of Isenbarth v. . BartnettNew York Court of Appeals · 1924
- Evanns v. GunnNew York Supreme Court · 1940
- Gardner v. Le BoeufNew York Supreme Court · 1960
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Cohalan v. SchermerhornNew York Supreme Court · 1973
- Jurgens v. Town of HuntingtonAppellate Division of the Supreme Court of the State of New York · 1976
- Kamhi v. Planning BoardAppellate Division of the Supreme Court of the State of New York · 1982
- McEnroe v. Planning BoardNew York Supreme Court · 1969
- Udell v. McFadyenNew York Supreme Court · 1965
2 more not listed; retrieve them via the Exa API.