Legal Opinion
Allen v. Town of North Hempstead
New York Supreme Court
Decided November 18, 1983PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Vincent R. Balletta, J.
This action comes before the court as a submission upon an agreed statement of facts pursuant to CPLR 3222. Plaintiffs are seeking a declaration that a portion of the zoning ordinance of the Town of North Hempstead is unconstitutional and invalid. Specifically, the provision under attack is contained in chapter 70 (art X, § 70-89) of the code of ordinance of the town.
Article X provides for a Golden Age Residence District permitting only multiple residence dwellings and accessory buildings designed for use by “senior citizens”. Section 70-89 provides…
2Cases cited14 opinions
- Shapiro v. ThompsonSupreme Court of the United States · 1969
- Dunn v. BlumsteinSupreme Court of the United States · 1972
- Memorial Hospital v. Maricopa CountySupreme Court of the United States · 1974
- Zobel v. WilliamsSupreme Court of the United States · 1982
- Alevy v. Downstate Medical CenterNew York Court of Appeals · 1976
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3Cited by1 opinion
- Allen v. Town of North HempsteadAppellate Division of the Supreme Court of the State of New York · 1984