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Recent Developments in New York Regarding Zoning

A federal court in New York ruled that a city did not violate the rights of neighbors by refusing to enforce a noise ordinance against a church that broadcast amplified music from its steeple.

New York
State:
Key point. Churches sometimes engage in activites that result in elevated noise levels for neighboring landowners. The fact that the city government chooses not to enforce a noise ordinance against the church does not necessarily violate the rights of neighbors.

A federal court in New York ruled that a city did not violate the rights of neighbors by refusing to enforce a noise ordinance against a church that broadcast amplified music from its steeple. For two weeks in 1994 a Congregational church broadcast amplified sounds and music for lengthy periods of time from speakers located in its steeple. Certain neighbors found the volume and duration of these sounds so distressful that they called the state police to advise them of the noises. The state trooper who responded to the call allegedly told the neighbors that the noises were loud enough to constitute a violation of state law. ...

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Posted:
  • March 2, 1998

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