Legal Opinion
Group House of Port Washington, Inc. v. Board of Zoning & Appeals
New York Court of Appeals
Decided July 11, 1978PublishedCited by 41 opinions
1Opinion of the Court
*270OPINION OF THE COURT
Gabrielli, J.
The limited, rather narrow issue presented on this appeal is whether the Town of North Hempstead may so stringently apply the term "family” as used in its zoning ordinances as to exclude a small "group home” of the type described herein used for the foster care of children. We hold that it may not.
Petitioner is a not-for-profit corporation which has purchased a house in Port Washington, an unincorporated area of the town. The applicable zoning ordinance allows only one-family residences to exist in the section of Port Washington in which the house is located.…
2Cases cited2 opinions
- Village of Belle Terre v. BoraasSupreme Court of the United States · 1974
- City of White Plains v. FerraioliNew York Court of Appeals · 1974
3Cited by41 opinions
- Braschi v. Stahl Associates Co.New York Court of Appeals · 1989
- State v. BakerSupreme Court of New Jersey · 1979
- McMinn v. Town of Oyster BayNew York Court of Appeals · 1985
- Crane Neck Ass'n v. New York City/Long Island County Services GroupNew York Court of Appeals · 1984
- County of Oneida v. BerleNew York Court of Appeals · 1980
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