Maldini v. Ambro

330 N.E.2d 403 (1975)

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Maldini v. Ambro

New York Court of Appeals
330 N.E.2d 403 (1975)

  • Written by Tanya Munson, JD

Facts

The Town of Huntington (Huntington) (defendant) town board amended its zoning ordinance to create a residence district that provided for a retirement-community district. The town board then subsequently granted an application for a corporation to rezone its parcel from single-family dwellings to a retirement-community district with residences exclusively for the elderly. Huntington sought to address a potential housing shortage for the town’s rapidly increasing elderly population. Individual homeowners living in the area (homeowners) (plaintiffs) were opposed to the proposed retirement community. The homeowners claimed that the town board exceeded the zoning powers delegated to it by applying a classification based on age and filed suit for declaratory judgment and injunctive relief. The district court upheld Huntington’s amendment and the subsequent resolution. The appellate court affirmed. The homeowners again appealed.

Rule of Law

Issue

Holding and Reasoning (Fuchsberg, J.)

Dissent (Jasen, J.)

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