# Tarolli v. Howe

> New York Court of Appeals · October 21, 1975 · 37 N.Y.2d 865

URL: https://www.frixlaw.com/law-library/cases/5530064

## Case

- **Full name:** In the Matter of Eugene D. Tarolli v. Arthur W. Howe, Constituting the Zoning Board of Appeals of the Town of Geddes
- **Court:** New York Court of Appeals
- **Decided:** October 21, 1975
- **Citations:** 37 N.Y.2d 865; 378 N.Y.S.2d 357; 340 N.E.2d 725; 1975 N.Y. LEXIS 2245
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5530064

## Opinion text

Memorandum. The order of the Appellate Division should be affirmed, with costs.
We agree with the Appellate Division’s construction of subdivision (b) of section 7 of respondent Town of Geddes’ Zoning Ordinance and its conclusion that "the obvious intent of the section was to restrict development of private profit-making enterprises in a residential district”. Moreover, we find the regulation constitutional and a permissible exercise of the police power conferred on respondent by the Legislature (see Town Law, § 261). As was stated in Matter of Wulfsohn v Burden ( 241 NY 288, 300-301 ), "[t]he primary purpose of [a residential] district is safe, healthful and comfortable family life rather than the development of commercial instincts and the pursuit of pecuniary profits.” Indeed, almost 40 years ago, in a case upholding the exclusion of boarding houses operated for profit in a residential district, we noted that "[provisions for the exclusion of business enterprises from residential zones are now generally found in zoning ordinances” (Baddour v City of Long Beach, 279 NY 167, 174 , app dsmd 308 US 503 ; cf. McCarter v Beckwith, 247 App Div 289, 292 , affd 272 NY 488 , cert den 299 US 601 ; see, also, 1 Anderson, New York Zoning Law and Practice [2d ed], § 9.36).
Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur in memorandum.
Order affirmed.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5530064. Public record. Not legal advice.