Legal Opinion

Village of Pelham Manor v. Crea

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

Decided July 29, 1985PublishedCited by 9 opinions

1Opinion of the Court

In an action to enjoin defendant from keeping pigeons on her property in an alleged violation of the applicable zoning ordinance, plaintiff appeals from an order of the Supreme Court, Westchester County (Coppola, J.), entered August 1, 1984, which denied its application for a preliminary injunction.

Order reversed, with costs, and application granted.

Plaintiff’s zoning ordinance prohibits the keeping of pigeons in residential districts. Prior to 1981, defendant applied for a variance to keep homing or racing pigeons on her property. The denial of her application was subsequently upheld in a…

2Cases cited4 opinions

  1. People v. MillerNew York Court of Appeals · 1952
  2. Town of Islip v. ClarkAppellate Division of the Supreme Court of the State of New York · 1982
  3. Barkmann v. Town of HempsteadNew York Court of Appeals · 1945
  4. Crea v. New YorkSupreme Court of the United States · 1985

3Cited by9 opinions

  1. Town of Esopus v. Fausto Simoes & AssociatesAppellate Division of the Supreme Court of the State of New York · 1988
  2. Town of Southampton v. SendlewskiAppellate Division of the Supreme Court of the State of New York · 1989
  3. State v. Brookhaven Aggregates, Ltd.Appellate Division of the Supreme Court of the State of New York · 1986
  4. Town of Oyster Bay v. SodomskyAppellate Division of the Supreme Court of the State of New York · 1989
  5. Town of Blooming Grove v. Blooming Farms Joint VentureAppellate Division of the Supreme Court of the State of New York · 1987

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