Rodgers v. Village of Tarrytown

96 N.E.2d 731 (1951)

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Rodgers v. Village of Tarrytown

Court of Appeals of New York
96 N.E.2d 731 (1951)

EC

Facts

The Village of Tarrytown’s (defendant) board of trustees (the board) found that there was a need for additional housing facilities in Tarrytown. To address this need, the board amended the local zoning ordinance to create a new type of zoning district. In the new district type, multiple houses could be constructed on a single property, but only if the property was greater than 10 acres. The amendment set no boundaries for the new classification and made no changes to the building-zone map. Elizabeth Rubin (defendant) asked to have her property, consisting of a little more than 10 acres, rezoned to the new district type. The board approved request and reclassified Rubin’s property as zoned for multiple houses. Churchill Rodgers (plaintiff) owned six acres near Rubin’s property. Rodgers sued to invalidate the board’s changes and to stop Rubin from constructing multiple houses on her property. Rodgers argued that the board’s actions amounted to spot zoning and violated local zoning laws. The lower court dismissed the complaint. Rodgers appealed.

Rule of Law

Issue

Holding and Reasoning (Fuld, J.)

Dissent (Conway, J.)

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