Legal Opinion
Lakeshore Assembly of God Church v. Village Board of Westfield
Appellate Division of the Supreme Court of the State of New York
Decided November 10, 1986PublishedCited by 4 opinions
1Opinion of the Court
Memorandum: Special Term erred in annulling the determination of the Zoning Board of Appeals and substituting its discretion for that of the Board. Courts should not disturb the determination of zoning authorities unless they are illegal, arbitrary and capricious, or an abuse of discretion (see, Matter of Fuhst v Foley, 45 NY2d 441, 444; Conley v Town of Brookhaven Zoning Bd. of Appeals, 40 NY2d 309, 314). Petitioner’s argument that the Board’s determination is in violation of its 1st Amendment right to the free exercise of its religion is without merit. Petitioner is not prevented from…
2Cases cited4 opinions
- Fuhst v. FoleyNew York Court of Appeals · 1978
- Conley v. Town of Brookhaven Zoning Board of AppealsNew York Court of Appeals · 1976
- Diocese of Rochester v. Planning BoardNew York Court of Appeals · 1956
- Jewish Reconstructionist Synagogue of the North Shore, Inc. v. Incorporated Village of Roslyn HarborNew York Court of Appeals · 1975
3Cited by4 opinions
- Bell v. SzmigelAppellate Division of the Supreme Court of the State of New York · 1991
- St. John's Evangelical Lutheran Church v. City of EllisvilleMissouri Court of Appeals · 2003
- Bailey v. City Planning Commission of RochesterAppellate Division of the Supreme Court of the State of New York · 1992
- Wellspring Zendo, Inc. v. TrippeAppellate Division of the Supreme Court of the State of New York · 1995