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A New York appeals court struck down as unreasonable a city's refusal to grant a church's request for a special use permit authorizing it to build a new sanctuary. Noting that churches "enjoy a presumptively favored status with respect to the police powers sought to be protected by zoning laws," the court concluded that "our examination of the reasons enumerated by the [city] for denying [the church] a special use permit discloses that the rejection was unreasonable. No expert evidence was proffered concerning any detrimental effect on traffic or drainage." North Syracuse First Baptist Church v. Village of North Syracuse, 524 N.Y.S.2d 894 (1988).

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Posted:
  • September 1, 1988