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CORNELL UNIV. v. BAGNARDI

107 A.D.2d 398 (1985)

Cornell University, Respondent, v. Elizabeth S. Bagnardi et al., as Members of The Board of Zoning Appeals of the City of Ithaca, et al., Appellants, and Charles Hidman et al., Intervenors-Appellants

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

April 4, 1985

Attorney(s) appearing for the Case

L. Richard Stumbar, Corporation Counsel, for appellants.

Thaler & Thaler (Richard B. Thaler, Nathaniel F. Knappen, Joan Squires Lind and Amanda J. Cowley of counsel), for intervenors-appellants.

Walter J. Relihan, Jr. (Thomas Mead Santoro of counsel), for respondent.

MAHONEY, P. J., WEISS and LEVINE, JJ., concur with CASEY, J.; KANE, J., dissents and votes to reverse in an opinion.

CASEY, J.

The City of Ithaca Zoning Ordinance is invalid insofar as it excludes the proposed expansion of an educational use by plaintiff, Cornell University, into a residential area of the city by requiring a variance for such use and conditioning the issuance of such variance upon a showing of hardship. Plaintiff is not, however, entitled to a judgment declaring totally void and ineffective the provisions of the zoning ordinance as applied to

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