You are here: / / NO VARIANCE REQUIRED TO ALLOW CHURCH PROPERTY TO BE USED TO HOUSE HOMELESS...

NO VARIANCE REQUIRED TO ALLOW CHURCH PROPERTY TO BE USED TO HOUSE HOMELESS PERSONS.

The Third Department, reversing Supreme Court, determined the proposed use of church property to house homeless persons did not require a variance:

Strictly religious uses and activities are more than prayer and sacrifice and all churches recognize that the area of their responsibility is broader than leading the congregation in prayer. . . . To limit a church to being merely a house of prayer and sacrifice would, in a large degree, be depriving the church of the opportunity of enlarging, perpetuating and strengthening itself and the congregation” … . To that end, “[s]ervices to the homeless have been judicially recognized as religious conduct” … . Matter of Sullivan v Board of Zoning Appeals of City of Albany, 2016 NY Slip Op 07911, 3rd Dept 11-23-16

ZONING (NO VARIANCE REQUIRED TO ALLOW CHURCH PROPERTY TO BE USED TO HOUSE HOMELESS PERSONS)/CHURCH PROPERTY (ZONING, NO VARIANCE REQUIRED TO ALLOW CHURCH PROPERTY TO BE USED TO HOUSE HOMELESS PERSONS)/HOMELESS (ZONING, NO VARIANCE REQUIRED TO ALLOW CHURCH PROPERTY TO BE USED TO HOUSE HOMELESS PERSONS)

You might also like
Involuntary Retention Appropriate—Respondent Suffered from Developmental Disability Which Originated Before the Age of 22
LONG HAUL TRUCKERS NOT EMPLOYEES.
FAILURE TO CLARIFY WHETHER APPEAL WAIVER WAS PART OF THE PLEA AGREEMENT RENDERED THE WAIVER INVALID.
THE “SPECIAL CIRCUMSTANCES” WHICH MAY HAVE JUSTIFIED AWARDING CUSTODY OF THE CHILD TO THE GRANDPARENTS APPLIED ONLY TO FATHER AND NOT AT ALL TO MOTHER; FOR THAT REASON THE GRANDPARENTS’ PETITION FOR CUSTODY OF THE CHILD SHOULD NOT HAVE BEEN GRANTED (THIRD DEPT).
PLAINTIFF’S EXPERT AFFIDAVIT IN THIS MEDICAL MALPRACTICE CASE WAS NOT CONCLUSORY OR SPECULATIVE AND RAISED A QUESTION OF FACT SUFFICIENT TO DEFEAT DEFENDANTS’ SUMMARY JUDGMENT MOTION (THIRD DEPT).
HEARING OFFICER DID NOT MAKE AN ADEQUATE INQUIRY INTO THE NATURE AND RELIABILITY OF CONFIDENTIAL INFORMATION, DETERMINATION ANNULLED.
DEFENDANT IN THIS SORA RISK-ASSESSMENT PROCEEDING REQUESTED A DOWNWARD DEPARTURE WHICH WAS NOT ADDRESSED BY COUNTY COURT; THE ORDER WAS REVERSED AND THE MATTER SENT BACK FOR THE RELEVANT FINDINGS OF FACT AND CONCLUSIONS OF LAW (THIRD DEPT). ​
DEFENDANT SHOT ANOTHER HUNTER AND WAS CHARGED WITH AND CONVICTED OF (RECKLESS) ASSAULT SECOND, DEFENSE REQUEST FOR A JURY INSTRUCTION ON (NEGLIGENT) ASSAULT THIRD SHOULD HAVE BEEN GRANTED, NEW TRIAL ORDERED (THIRD DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2024 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

A SMOOTH SLIPPERY SURFACE, STANDING ALONE, WILL NOT SUPPORT A CAUSE OF ACTION... STATEMENT IN SUMMONS WITH NOTICE ABSOLUTELY PRIVILEGED.