A building zone ordinance of the Town of Hemptead provided that in any use district, with the exception of two districts, check-cashing establishments were expressly prohibited. In a memorandum supporting the provision, the deputy town attorney discussed the perceived social evil of check-cashing services and that public policy was served by this use of the zoning power. Several check-cashing establishments brought this action seeking a declaratory judgment that the ordinance was invalid, and an injunction against its enforcement. Supreme Court granted summary judgment dismissing the complaint. The Appellate Division reversed. The Court of Appeals affirmed, holding that the ordinance was not a legitimate object of the zoning power, nor could it be justified on the ground that it protected the health and safety of the community against the dangers created by armed robbery.
Sunrise Check Cashing & Payroll Servs., Inc. v. Town of Hempstead
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