In the Matter of Concordia Collegiate Institute, against Rudolph N. Miller, as Superintendent of Buildings of the…

Summary

The New York Court of Appeals held that the 1941 amendment to the Village of Bronxville zoning ordinance violated the Fourteenth Amendment due process clause and the State Constitution. Because the amendment is invalid, the prior ordinance that permitted educational uses in the residence district is restored, entitling the petitioner to the requested building permits. The court reversed the lower courts and granted the mandamus relief.