Legal Opinion
Cornell University v. Bagnardi
New York Court of Appeals
Decided December 19, 1986PublishedCited by 62 opinions
1Opinion of the Court
OPINION OF THE COURT
Titone, J.
In these cases involving local zoning regulations, we are called upon to determine the proper method of balancing the needs and rights of educational institutions that desire to expand or construct into purely residential neighborhoods against the concerns of the surrounding residents about the potential inconveniences. We hold that the presumption that educational uses are always in furtherance of the public health, safety and morals may be rebutted by a showing that the proposed use would actually have a net negative impact, and that a reasonably drawn special…
2Cases cited17 opinions
- Village of Euclid v. Ambler Realty Co.Supreme Court of the United States · 1926
- Diocese of Rochester v. Planning BoardNew York Court of Appeals · 1956
- Lakeland Water District v. Onondaga County Water AuthorityNew York Court of Appeals · 1969
- Concordia Collegiate Institute v. MillerNew York Court of Appeals · 1950
- Yanow v. Seven Oaks Park, Inc.Supreme Court of New Jersey · 1953
12 more not listed; retrieve them via the Exa API.
3Cited by62 opinions
- Morejon v. Rais Construction Co.New York Court of Appeals · 2006
- Westchester Day School v. Village of MamaroneckCourt of Appeals for the Second Circuit · 2007
- Kaur v. New York State Urban Development Corp.New York Court of Appeals · 2010
- Glenbrook Road Ass'n v. District of Columbia Board of Zoning AdjustmentDistrict of Columbia Court of Appeals · 1992
- Congregation Rabbinical College of Tartikov, Inc. v. Village of PomonaDistrict Court, S.D. New York · 2015
57 more not listed; retrieve them via the Exa API.