Greentree v. Good Shepherd Episcopal Church
New York Supreme Court
550 N.Y.S.2d 981, 146 Misc. 2d 500 (1989)
- Written by Tanya Munson, JD
Facts
In 1989, Good Shepherd Episcopal Church (the church) (defendant) collaborated with Partnership for the Homeless, Inc. (the partnership) (defendant) to begin operating the church as a temporary emergency shelter for 10 homeless men for three nights a week. A unit owner and President of the Board of Managers of the Greentree at Murray Hill condominium (Greentree) (plaintiffs) filed a motion to temporarily enjoin the church’s operation of the homeless shelter. The church opposed Greentree’s motion and submitted affidavits from several prominent clergymen who attested to their religious obligations and convictions to shelter the homeless. Greentree argued that, although the church’s motivations were honorable, the church was not allowed to house the 10 men because such a use would violate the applicable New York City zoning resolution. Greentree argued that because the church was classified as a place of assembly according to the New York City Charter (the charter), it could only be used for religious, recreational, political, or social purposes. To be operated as a shelter, Greentree contended, the church would have to be classified for residential use under the charter and be operated primarily for shelter and sleeping. The church and the partnership sought dismissal of the complaint for failure to state a cause of action.
Rule of Law
Issue
Holding and Reasoning (Cohen, J.)
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