PINE KNOLLS v. ZONING BD.


5 N.Y.3d 407 (2005)

838 N.E.2d 624

804 N.Y.S.2d 708

In the Matter of PINE KNOLLS ALLIANCE CHURCH, Respondent, v. ZONING BOARD OF APPEALS OF THE TOWN OF MOREAU, Appellant.

Court of Appeals of the State of New York.

Decided October 20, 2005.


Attorney(s) appearing for the Case

Bartlett, Pontiff, Stewart & Rhodes, P.C., Glens Falls (Martin D. Auffredou and Elisabeth B. Mahoney of counsel), for appellant.

FitzGerald Morris Baker Firth P.C., Glens Falls (William A. Scott of counsel), for respondent.

Before: Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, READ and R.S. SMITH concur.


OPINION OF THE COURT

GRAFFEO, J.

In Cornell Univ. v Bagnardi (68 N.Y.2d 583, 589 [1986]), our task was to determine how best to balance the needs and rights of educational and religious institutions seeking to expand their facilities in residential neighborhoods against the concerns of local residents who might be harmed or inconvenienced by the proposed construction...

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