Mahoney v. O'Shea Funeral Homes, Inc.

Appellate Division of the Supreme Court of New York

Mahoney v. O'Shea Funeral Homes, Inc.

58 A.D.2d 583, 395 N.Y.S.2d 662, 1977 N.Y. App. Div. LEXIS 12611

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 6, 1977

StatusPublished

This text of 58 A.D.2d 583 (Mahoney v. O'Shea Funeral Homes, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York 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., 58 A.D.2d 583, 395 N.Y.S.2d 662, 1977 N.Y. App. Div. LEXIS 12611 (N.Y. Ct. App. 1977).

Pincite

Opinion

In an action (1) to declare that a certain amendment to the Building Zone Ordinance of the Town of Hemp-stead, insofar as it changed the zoning of the subject property from resident B to business district in order to permit the construction of a funeral home thereon, is unconstitutional and (2) to enjoin the enforcement of the provisions of that amendment, defendants appeal from a judgment of the Supreme Court, Nassau County, entered December 1, 1976, which, after a nonjury trial, is in favor of the plaintiffs, for the relief demanded in the complaint. Judgment reversed, on the law and the facts, without costs or disbursements, the amendment in question is declared to be constitutional, and the complaint is otherwise dismissed. In our opinion the record does not support the trial court’s finding that the resolution in question is unconstitutional in that it constitutes spot zoning in violation of the "comprehensive plan”. Martuscello, J. P., Latham, Margett and O’Connor, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In an action (1) to declare that a certain amendment to the Building Zone Ordinance of the Town of Hemp-stead, insofar as it changed the zoning of the subject property from resident B to business district in order to permit the construction of a funeral home thereon, is unconstitutional and (2) to enjoin the enforcement of the provisions of that amendment, defendants appeal from a judgment of the Supreme Court, Nassau County, entered December 1, 1976, which, after a nonjury trial, is in favor of the plaintiffs, for the relief demanded in the complaint. Judgment reversed, on the law and the facts, without costs or disbursements, the amendment in question is declared to be constitutional, and the complaint is otherwise dismissed. In our opinion the record does not support the trial court’s finding that the resolution in question is unconstitutional in that it constitutes spot zoning in violation of the "comprehensive plan”. Martuscello, J. P., Latham, Margett and O’Connor, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

58 A.D.2d 583, 395 N.Y.S.2d 662, 1977 N.Y. App. Div. LEXIS 12611, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mahoney-v-oshea-funeral-homes-inc-nyappdiv-1977.