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UNION COLL. v. SCHENECTADY

91 N.Y.2d 161 (1997)

690 N.E.2d 862

667 N.Y.S.2d 978

Trustees of Union College in the Town of Schenectady in the State of New York, Respondent, v. Members of the Schenectady City Council et al., Appellants; Realty Plot Association, Inc., Intervenor-Appellant.

Court of Appeals of the State of New York.

Decided December 18, 1997.

Attorney(s) appearing for the Case

Michael T. Brockbank, Corporation Counsel of Schenectady (Hugh H. Campbell, III, of counsel), for appellants.

Ben Wiles, Albany, for intervenor-appellant.

Higgins, Roberts, Beyerl & Coan, P. C., Schenectady (Michael E. Basile of counsel), for respondent.

Judges TITONE, BELLACOSA, SMITH, CIPARICK and WESLEY concur; Judge LEVINE taking no part.

Chief Judge KAYE.

In Cornell University v Bagnardi (68 N.Y.2d 583), involving the application of local zoning regulations, we considered the correct balance to be struck when educational institutions seek expansion into a residential zone. Today we consider the novel, but related, question whether a municipality has acted lawfully in excluding educational institutions...

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