Legal Opinion
Baer v. Town of Brookhaven
New York Court of Appeals
Decided March 23, 1989PublishedCited by 14 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
Plaintiffs, five unrelated elderly women, live in a house located in a Town of Brookhaven residential zone where only one-family dwellings are permitted as of right. Under the Town Code the term "family” is defined as "[o]ne or more persons related by blood, adoption or marriage, living and cooking together as a single housekeeping unit, exclusive of household servants. A number of persons but not exceeding four, living and cooking together as a single housekeeping unit though not related by…
2Cases cited2 opinions
- Village of Belle Terre v. BoraasSupreme Court of the United States · 1974
- McMinn v. Town of Oyster BayNew York Court of Appeals · 1985
3Cited by14 opinions
- Braschi v. Stahl Associates Co.New York Court of Appeals · 1989
- State v. ChampouxNebraska Supreme Court · 1997
- Unification Theological Seminary v. City of PoughkeepsieAppellate Division of the Supreme Court of the State of New York · 1994
- Silberman v. BidermanDistrict Court, E.D. New York · 1990
- Genesis of Mount Vernon, N.Y., Inc. v. Zoning Board of AppealsNew York Supreme Court · 1991
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