New York Court of Appeals

In the Matter of the Community Synagogue, Appellant, Against Chester E. Bates, Constituting the Board of…

July 11, 19561 N.Y.2d 445

Summary

The New York Court of Appeals reversed the Appellate Division and remanded the case, holding that the Village Board of Appeals improperly denied the Community Synagogue's application for a use permit as a church and imposed conditions beyond the zoning ordinance. The court found the board's findings were arbitrary, capricious, and exceeded its authority, and that the denial infringed the free‑exercise guarantee of the New York Constitution. The matter was sent back for issuance of the permit with only ordinance‑authorized conditions.