Legal Opinion

Lawrence School v. Lewis

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

Decided January 15, 1992PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

Harwood, J.

This appeal provides the opportunity to remind municipalities that because educational institutions presumptively serve a beneficial public purpose, local governments may not unreasonably prohibit accessory uses of school premises. Since the appellants failed to recognize the petitioner’s special status when determining its application for a variance to enable it to install swimming facilities, we agree with the Supreme Court that their determination absolutely denying the application must be annulled.

The appellants are members of the Zoning Board of Appeals for…

2Cases cited13 opinions

  1. Fuhst v. FoleyNew York Court of Appeals · 1978
  2. Diocese of Rochester v. Planning BoardNew York Court of Appeals · 1956
  3. Brown v. Board of TrusteesNew York Court of Appeals · 1952
  4. Cornell University v. BagnardiNew York Court of Appeals · 1986
  5. MATTER OF CMTY. SYNAGOGUE v. BatesNew York Court of Appeals · 1956

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3Cited by6 opinions

  1. Westchester Day School v. Village of MamaroneckDistrict Court, S.D. New York · 2006
  2. Apostolic Holiness Church v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 1995
  3. Town of Islip v. Dowling CollegeAppellate Division of the Supreme Court of the State of New York · 2000
  4. Cornell University v. BeerAppellate Division of the Supreme Court of the State of New York · 2005
  5. Matter of Sid Jacobson Jewish Community Ctr., Inc. v. Zoning Bd. of Appeals of the Inc. Vil. of BrookvilleAppellate Division of the Supreme Court of the State of New York · 2021

1 more not listed; retrieve them via the Exa API.

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