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SYNAGOGUE v. ROSLYN HARBOR

38 N.Y.2d 283 (1975)

Jewish Reconstructionist Synagogue of the North Shore, Inc., Respondent, v. Incorporated Village of Roslyn Harbor et al., Appellants.

Court of Appeals of the State of New York.

Decided December 4, 1975.

Attorney(s) appearing for the Case

George C. Pratt and Samuel S. Tripp for Village of Roslyn Harbor, appellant.

John M. Farrell, Jr., and C. Ellis Schiffmacher for respondent.

Judges GABRIELLI and COOKE concur with Judge FUCHSBERG; Chief Judge BREITEL concurs in result in a separate opinion in which Judge WACHTLER concurs; Judge JONES dissents and votes to reverse in another separate opinion in which Judge JASEN concurs.

FUCHSBERG, J.

We are here confronted with the question of whether a village may by zoning ordinance establish fixed setback requirements applicable to religious institutional uses in an area zoned for residences. If such an invariable requirement is not permissible, then we must also decide whether, on the facts of this particular case, the setback requirement is sufficiently reasonable so that it may be applied...

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