Maldini v. Ambro

330 N.E.2d 403, 36 N.Y.2d 481, 369 N.Y.S.2d 385, 1975 N.Y. LEXIS 1843
CourtNew York Court of Appeals
DecidedMay 8, 1975
StatusPublished
Cited by25 cases

This text of 330 N.E.2d 403 (Maldini v. Ambro) 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
Maldini v. Ambro, 330 N.E.2d 403, 36 N.Y.2d 481, 369 N.Y.S.2d 385, 1975 N.Y. LEXIS 1843 (N.Y. 1975).

Opinions

Fuchsberg, J.

The issues posed are (1) whether the Town Board of the Town of Huntington exceeded its powers by amending its zoning ordinance to create a residence district providing, among other uses, for a "Retirement Community District” and (2) whether a subsequent resolution of the town board granting an application of defendant Health Care Agencies of the New York Annual Conference of the Methodist Church, Inc. (Health Care Agencies), a nonprofit New York corporation, to rezone its 20-acre parcel of land from a "Residence B district” (single-family dwellings on minimum one-acre plots) to a "Retirement Community District” for the purpose of building residences designed for older people was valid.

This action, for declaratory judgment and injunctive relief, is brought by individual homeowners living in the area of the proposed retirement community. Following trial, the Supreme Court upheld both the amendment and the resolution. The Appellate Division unanimously affirmed. We hold that the town board’s zoning power was validly exercised in its adoption of the amendment in question and that Health Care Agencies’ subsequent. application thereunder was properly granted.

The amendment, now chapter 62, section 4.9.01 of the Building Zone Ordinance of the Town of Huntington, was adopted following a public hearing. It reads as follows:

"In the R-RM Residence District a building or premises shall be used only for the following purposes:

"(1) Any use permitted in the R-80 Residence District [single-family dwellings on minimum two-acre plots and other uses including farms, churches, schools and libraries].

"(2) Multiple residences designed to provide living and dining [484]*484accommodations, including social, health care, or other supportive services and facilities for aged persons to be owned and operated by a non-profit corporation organized for such purposes under the laws of the State of New York.

"(3) Any accessory use or structure permitted in the R-80 Residence District”.

After the amendment was adopted, Health Care Agencies applied for a reclassification as "Retirement Community District” for its 20-acre parcel, presenting a plan which provided the facilities enumerated in the ordinance’s amendment. The application was granted following a public hearing. None of the plaintiffs appeared or in any other way raised any objection at that hearing or at the earlier one that had preceded passage of the amendment itself. Plaintiffs now claim that the town board exceeded the zoning powers delegated it by the Legislature and impermissibly applied a classification based upon age.

The relevant enabling legislation pursuant to which the town board has the power to zone is section 261 of the Town Law. By that statute the State has empowered the town to regulate and restrict the use of land "[f]or the purpose of promoting the health, safety, morals, or the general welfare of the community”. In our view, this grant provides a sufficient basis for the Town of Huntington’s zoning law amendment to provide for multiple residences for elderly people.

The police power which provides the justification for zoning is not narrowly confined. (Village of Belle Terre v Boraas, 416 US 1.) As Judge Keating put it for this court, "[underlying the entire concept of zoning is the assumption that zoning can be a vital tool for maintaining a civilized form of existence only if we employ the insights and the learning of the philospher, the city planner, the economist, the sociologist, the public health expert and all the other professions concerned with urban problems.” (Udell v Haas, 21 NY2d 463, 469.)

In view of the breadth of the grant of power and the presumption favoring constitutionality of zoning ordinances (Dauerheim, Inc. v Town Bd. of Town of Hempstead, 33 NY2d 468, 473-474; Mary Chess, Inc. v City of Glen Cove, 18 NY2d 205, 209), we have concluded that the town board’s amendment to Huntington’s zoning ordinance has a rational basis. Its purpose—meeting the town’s need for adequate housing for [485]*485the aged—was within the town’s police powers to regulate land use for the promotion of the community’s health and general welfare. Not only was this an important goal of the Town’s Comprehensive Plan,1 but a matter of general public concern not only to the locality but to the State and Nation as well.2

Though the town has no burden to establish a need for the amendment (Thomas v Town of Bedford, 11 NY2d 428, 434), there was unrebutted testimony at trial that studies showed the town’s elderly population was increasing at a substantially greater rate than had been anticipated and that there was considerable and justifiable community concern over the lack of available specialized housing for the aged.3

It is also to be noted that the town’s good faith effort to meet the special needs of its elderly, who otherwise would be likely to be excluded from enjoyment of adequate dwellings within the community, is inclusionary. The inclusionary, as distinguished from exclusionary, nature of such land use is made clear by the town board’s conclusion (1) that there is a present shortage for housing for people when they get older, (2) that without the creation of the retirement district that need will go unredressed, and (3) that ameliorating the need in this way will impose no particular hardship on other groups of persons who suffer from significant lack of housing. Certainly, when a community is impelled, consistent with such criteria, to move to correct social and historical patterns [486]*486of housing deprivation, it is acting well within its delegated "general welfare” power.

Plaintiffs do not claim they would suffer exclusion or disadvantage in their own housing. At trial, they merely offered one witness, a real estate appraiser, who testified that Health Care Agencies’ proposed retirement community would increase traffic in the neighborhood and reduce the value of surrounding residential properties, which he valued at $75,000 to $100,000. But it is well-settled that a possible depreciation in value to particular property owners will not shield an existing zoning classification from adaptation to changing community needs (see, e.g., Shepard v Village of Skaneateles, 300 NY 115, 118, 120). In brief, plaintiffs fell far short of meeting their burden of showing that the amendment was arbitrary rather than rational. (See Seattle Trust Co. v Roberge, 278 US 116, 122.)

Nor. do plaintiffs suggest that Huntington was in error in assessing the need for suitable housing for its elderly population, or that the plan submitted by Health Care Agencies in any way fell short of the standards of the ordinance, requiring as they do "living and dining accommodations, including social, health care, or other supportive services and facilities for aged persons”. While the amendment under attack makes express provision, among other uses, for suitable housing for the elderly, as with special zoning for schools it does no more in this case than implement the entirely supportable belief by the town that the aged require specially designed accommodations.

Matter of Central Mgt. Co. v Town Bd. of Oyster Bay (47 Misc 2d 385, affd 24 AD2d 881), on which plaintiffs place such heavy reliance, is, in our opinion, inapt.

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

Related

Greens at Half Hollow Home Owners Assn., Inc. v. Greens Golf Club, LLC
131 A.D.3d 1108 (Appellate Division of the Supreme Court of New York, 2015)
MHC Greenwood Village NY, L.L.C. v. County of Suffolk
18 Misc. 3d 312 (New York Supreme Court, 2007)
Opn. No.
New York Attorney General Reports, 1997
Beyer v. Burns
150 Misc. 2d 10 (New York Supreme Court, 1991)
ABN 51st Street Partners v. City of New York
724 F. Supp. 1142 (S.D. New York, 1989)
Kamhi v. Town of Yorktown
547 N.E.2d 346 (New York Court of Appeals, 1989)
Kasper v. Town of Brookhaven
142 A.D.2d 213 (Appellate Division of the Supreme Court of New York, 1988)
Seawall Associates v. City of New York
142 A.D.2d 72 (Appellate Division of the Supreme Court of New York, 1988)
McMinn v. Town of Oyster Bay
105 A.D.2d 46 (Appellate Division of the Supreme Court of New York, 1984)
Augenblick v. Town of Cortlandt
104 A.D.2d 806 (Appellate Division of the Supreme Court of New York, 1984)
Allen v. Town of North Hempstead
103 A.D.2d 144 (Appellate Division of the Supreme Court of New York, 1984)
Informal Opinion No.
New York Attorney General Reports, 1983
Allen v. Town of North Hempstead
121 Misc. 2d 795 (New York Supreme Court, 1983)
McMinn v. Town of Oyster Bay
111 Misc. 2d 1046 (New York Supreme Court, 1981)
Apfelbaum v. Town of Clarkstown
104 Misc. 2d 371 (New York Supreme Court, 1980)
Marcus Associates, Inc. v. Town of Huntington
382 N.E.2d 1323 (New York Court of Appeals, 1978)
Franklin v. White Egret Condominium, Inc.
358 So. 2d 1084 (District Court of Appeal of Florida, 1977)
Campbell v. Barraud
58 A.D.2d 570 (Appellate Division of the Supreme Court of New York, 1977)
Little Joseph Realty, Inc. v. Town of Babylon
41 N.Y. 738 (New York Court of Appeals, 1977)
Taxpayers Ass'n of Weymouth Township, Inc. v. Weymouth Township
71 N.J. 249 (Supreme Court of New Jersey, 1976)

Cite This Page — Counsel Stack

Bluebook (online)
330 N.E.2d 403, 36 N.Y.2d 481, 369 N.Y.S.2d 385, 1975 N.Y. LEXIS 1843, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maldini-v-ambro-ny-1975.