Jewish Reconstructionist Synagogue of the North Shore, Inc. v. Incorporated Village of Roslyn Harbor

We think the time has come and that this is an appropriate case in which to breathe vitality into the so far lifeless words of Judge Froessel that, notwithstanding that churches, with schools, enjoy a favored status in the law of zoning, nonetheless, they can be held subject to "appropriate restrictions” (Matter of Diocese of Rochester v Planning Bd., 1 NY2d 508, 526). In our view New York should approach the position taken by the growing number of States holding what has been termed the "minority view” (1 Rathkopf, Law of Zoning and Planning [3d ed], pp 19-4-19-5; Corporation of Presiding…