New York Court of Appeals
In the Matter of Westchester Reform Temple v. Frederick W. Brown, Constituting the Planning Commission of the…
July 2, 196822 N.Y.2d 488
Summary
The New York Court of Appeals affirmed the Appellate Division orders, holding that the Village of Scarsdale Planning Commission's specific setback and side‑yard requirements, as applied to the Westchester Reform Temple, violated the free‑exercise guarantees of the First and Fourteenth Amendments and New York's Constitution, but that the zoning ordinance itself is not facially unconstitutional. The Court required the Planning Commission to approve the Temple's expansion while leaving the ordinance intact.