Beyer v. Burns
New York Supreme Court
567 N.Y.S.2d 599 (1991)
In 1990, it was proposed that a 50-unit senior housing development be constructed on North Street in the Town of Bethlehem (defendant). The town supervisor submitted a letter to the United States Department of Housing and Urban Development (HUD) seeking financial aid for the project. To facilitate the project, the town enacted Local Law No. 6, which established a senior-citizen residence district (SCRD) in the town zoning code by use of a floating zone. HUD did not fund the project, but the sponsors of the project intended to reapply. The local law contained a sunset provision that had the property revert to its original zoning classification if a building permit was not applied for and construction did not commence within two years of rezoning. Residents on or near North Street in the Town of Bethlehem (the residents) (plaintiffs) sought judgment annulling Local Law No. 6. The residents argued that Local Law No. 6 created a temporary district that was impermissible under town law and the floating zone constituted illegal spot zoning. The district court found in favor of the town. The residents appealed, and the court of appeals again found in favor of the town. The residents again appealed.
Rule of Law
Holding and Reasoning (Hughes, J.)
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