Jewish Mental Health Society v. Village of Hastings
New York Court of Appeals
The hospital is not an insane asylum. Therefore, its location is not barred by the zoning ordinance. (People ex rel. Board of Charities v. N. Y. Soc. P. C. 161 N. Y. 233; 162 N. Y. 429; City of Rochester v. Rochester Girls’ Home, 194 N. Y. Supp. 236.) The attempt to exclude charitable institutions from residential districts is unconstitutional, arbitrary and void. (Women’s Kansas City St. Andrews Soc. v. Kansas City, 58 Fed.
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The hospital is not an insane asylum. Therefore, its location is not barred by the zoning ordinance. (People ex rel. Board of Charities v. N. Y. Soc. P. C. 161 N. Y. 233; 162 N. Y. 429; City of Rochester v. Rochester Girls’ Home, 194 N. Y. Supp. 236.) The attempt to exclude charitable institutions from residential districts is unconstitutional, arbitrary and void. (Women’s Kansas City St. Andrews Soc. v. Kansas City, 58 Fed. Rep. [2d] 593; Continental Oil Co. City of Twin Falls, 49 Idaho, 89; Ignaciunas v. Risley, 98 J. L. 712; 99 N. J. L. 389; Matter of Stevens v. Clarke, 216 App. Div. 351;…
1Per curiam
The evidence sustains the finding that the institution of the appellant is an asylum for the insane. In the circumstances the zoning ordinance is a valid exercise of authority reasonably conferred for the general welfare.
The order should be affirmed, with costs.
Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ., concur.
Order affirmed.
2Cited by6 opinions
- Jewish Mental Health Society v. Village of Hastings-on-HudsonAppellate Division of the Supreme Court of the State of New York · 1938
- Wiltwyck School for Boys, Inc. v. PerryNew York Supreme Court · 1960
- Matter of Jewish Mental Health v. Village of HastingsNew York Court of Appeals · 1935
- Wiltwyck School for Boys, Inc. v. HillAppellate Division of the Supreme Court of the State of New York · 1961
- Harward v. Haas, Pennsylvania Court of Common Pleas, Dauphin County1947
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