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Trustees of Union College v. Members of the Schenectady City Council

Appellate Division, New York Supreme Court

690 N.E.2d 862 (1997)

Relevant factsFree

Schenectady's (defendant) 1984 amendment eliminated the special-use permit process that previously let educational institutions like Union College (plaintiff) seek zoning relief in a historic district, leaving only variance and ordinance-amendment processes that did not allow the required balancing of educational versus historic-preservation interests; the trial court and appellate division found the amended ordinance unconstitutional.

IssueFree

Whether a zoning ordinance is unconstitutional use of the police power if it bears no substantial relation to promoting the public health, safety, morals, or general welfare.

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