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SYNAGOGUE v. ROSLYN HARBOR

40 N.Y.2d 158 (1976)

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

Court of Appeals of the State of New York.

Decided June 15, 1976.

Attorney(s) appearing for the Case

George C. Pratt and Samuel S. Tripp for appellants-respondents.

John M. Farrell, Jr., for respondent-appellant.

Judges GABRIELLI, WACHTLER and COOKE concur with Judge FUCHSBERG; Chief Judge BREITEL concurs in result on the ground that the imposition of uncontrolled and uncontrollable expenditures, such as lawyer fees, should not be awarded except in accordance with standards expressed in authorizing legislation; Judge JASEN dissents in part and votes to modify in a separate opinion in which Judge JONES concurs.

FUCHSBERG, J.

The question before us is whether a local government may require applicants for variances and special use permits before its board of zoning appeals to pay certain costs incurred by the board in the course of reaching its determination.

In a prior appeal between the parties, we held that the plaintiff was entitled to a variance and a special use permit for the property it had purchased in...

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