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TOWN v. LEGION OF CHRIST, INC.

7 N.Y.3d 122 (2006)

850 N.E.2d 1147

818 N.Y.S.2d 171

TOWN OF MOUNT PLEASANT, Respondent, v. LEGION OF CHRIST, INC., Appellant.

Court of Appeals of New York.

Decided June 6, 2006.

Attorney(s) appearing for the Case

Shamberg Marwell Davis & Hollis, P.C., Mount Kisco (P. Daniel Hollis, III, John S. Marwell and Diana Bunin of counsel), and Bleakley Platt & Schmidt, LLP, White Plains (Hugh D. Fyfe of counsel), for appellant.

Thacher Proffitt & Wood LLP, White Plains (Kevin J. Plunkett, Lino J. Sciarretta and Stefanie A. Bashar of counsel), for respondent.

Robert L. Greene, Washington, DC, Anthony R. Picarello, Jr., and Derek L. Gaubatz for The Becket Fund for Religious Liberty, amicus curiae.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO and READ concur.

OPINION OF THE COURT

R.S. SMITH, J.

The Town of Mount Pleasant Code allows the use of a parcel of land for "[c]onference and training facilities." When this zoning was adopted the property was owned by International Business Machines Corporation (IBM), which used it to train its own employees, and rented it to others who made similar use of it. IBM sold the property to defendant, Legion of Christ, Inc. (the...

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