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N. SHORE v. BROOKVILLE

110 A.D.2d 123 (1985)

North Shore Unitarian Universalist Society, Inc., Appellant, v. Incorporated Village of Upper Brookville, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

September 9, 1985

Attorney(s) appearing for the Case

Payne, Wood & Littlejohn (Arden H. Rathkopf and Daren A. Rathkopf of counsel), for appellant.

Sprague, Dwyer, Aspland & Tobin, P. C. (Joseph L. Tobin, Jr., James J. Milligan and Stephen Van R. Ulman of counsel), for respondent.

MANGANO, J. P., GIBBONS, BRACKEN and O'CONNOR, JJ., concur.

Per Curiam.

At issue on this appeal is whether plaintiff has met its burden of proving beyond a reasonable doubt that the Building Zone Ordinance of the Village of Upper Brookville (the village) was enacted with an exclusionary purpose or that it failed to consider local and regional housing needs (see, Robert E. Kurzius, Inc. v Incorporated Vil. of Upper Brookville, 51 N.Y.2d 338, 343, cert denied 450 U.S....

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