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1
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OPINION
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EXTRACTED KEY WORDS
AGRICULTURE DEFENDANTS MOBILE HOMES BUILDINGS LAW FARM OPERATIONS STATUTE UNREASONABLY RESTRICT PROTECTIONS LEGISLATURE ZONING LAND COURT ORDINANCE BUILDING PERMITS YORK COMMISSIONER AGRICULTURAL DISTRICTS LOCAL GOVERNMENTS HOUSING PUBLIC HEALTH PRODUCTION SUMMARY JUDGMENT FARM RESIDENTIAL BUILDINGS PURPOSES SAFETY ON-FARM LIVESTOCK DIRECTING |
4 No. 126
Town of Lysander,
Respondent,
v.
Paul Hafner, Jr. et al.,
Appellants.
_________________________________________________________________
2001 NY Int. 112
October 18, 2001
This opinion is uncorrected and subject to revision before publication
in the New York Reports.
Scott F. Chatfield, for appellants.
P. David Twichell, for respondent.
New York Farm Bureau; New York State Commissioner of Agriculture and
Markets, amici curić.
_________________________________________________________________
LEVINE, J.:
Defendants own and operate a commercial farm in the Town of Lysander,
in an "agricultural district" created pursuant to Agriculture and
Markets Law § 303. This case arises from defendants' attempt in 1999
to install several single-wide mobile homes for housing migrant
workers on the farm. The mobile homes do not comply with a Town zoning
ordinance that "all one-story single family dwellings" have a minimum
living area of 1,100 square feet (Town Zoning Code § 139-56(A)).
The central issue before us is whether the zoning ordinance, as
applied to defendants' installation of mobile homes to house migrant
farm workers, is superseded by Agriculture and Markets Law
305-a(1)(a). That statute provides:
"1. Policy of local governments. a. Local governments, when
exercising their powers to enact and administer comprehensive plans
and local laws, ordinances, rules or regulations, shall exercise
these powers in such manner as may realize the policy and goals set
forth in this article, and shall not unreasonably restrict or
regulate farm operations within agricultural districts in
contravention of the purposes of this article unless it can be
shown that the public health or safety is threatened" (emphasis
supplied).
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