Jewish Reconstructionist Synagogue of the North Shore, Inc., Respondent v. Incorporated Village of Roslyn Harbor Et…

Summary

The New York Court of Appeals affirmed the lower court's judgment that the Village of Roslyn Harbor's zoning ordinances—specifically the fixed 100‑foot setback and the special‑use permit guidelines—are unconstitutional as applied to the Jewish Reconstructionist Synagogue because they fail to accommodate the protected status of religious institutions under the First Amendment. The Court held that the ordinances are invalid both on their face and as applied, and therefore the denial of the variance and special use permit was unlawful. Justice Jones dissented, arguing for upholding the ordinances, while Chief Judge Breitel concurred in the result but criticized the majority's absolutist approach.