New York Court of Appeals, 1978

Mahoney v. O'Shea Funeral Homes, Inc.

New York Court of Appeals · Decided July 11, 1978

45 N.Y.2d 719; 380 N.E.2d 297; 408 N.Y.S.2d 470; 1978 N.Y. LEXIS 2182

Cases that cite this one

4 later published cases cite this decision.

Mayor and Council of Rockville v. Rylyns Enterprises, Inc. (Md. 2002)
Haines v. City of Phoenix (Ariz. Ct. App. 1986)
Mangicapre v. Town of Hempstead (Appellate Division of the Supreme Court of New York 1983)
Collard v. Incorporated Village of Flower Hill (N.Y. 1981)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

In light of the existence of commercially zoned lots in the area surrounding the subject premises, one of which was rezoned from residential to commercial as recently as 1970, we believe that the amendment to the zoning ordinance was not arbitrary and is, therefore, constitutional as applied. *721Unless shown to be arbitrary, the decision of the local legislative body to zone or rezone property is conclusive and beyond judicial interference. (McGowan v Cohalan, 41 NY2d 434, 438.)

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur in memorandum.

Order affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.