Mahoney v. O'Shea Funeral Homes, Inc.

New York Court of Appeals

Mahoney v. O'Shea Funeral Homes, Inc.

380 N.E.2d 297, 45 N.Y.2d 719, 408 N.Y.S.2d 470, 1978 N.Y. LEXIS 2182

CourtNew York Court of Appeals

DecidedJuly 11, 1978

StatusPublished

Cited by7 cases

This text of 380 N.E.2d 297 (Mahoney v. O'Shea Funeral Homes, Inc.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mahoney v. O'Shea Funeral Homes, Inc., 380 N.E.2d 297, 45 N.Y.2d 719, 408 N.Y.S.2d 470, 1978 N.Y. LEXIS 2182 (N.Y. 1978).

Pincite

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

In light of the existence of commercially zoned lots in the area surrounding the subject premises, one of which was rezoned from residential to commercial as recently as 1970, we believe that the amendment to the zoning ordinance was not arbitrary and is, therefore, constitutional as applied. [721]*721Unless shown to be arbitrary, the decision of the local legislative body to zone or rezone property is conclusive and beyond judicial interference. (McGowan v Cohalan, 41 NY2d 434, 438.)

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur in memorandum.

Order affirmed.

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