Filed Date: 5/8/1978
Status: Precedential
Modified Date: 7/5/2016
Hon. Frank J. Ryan Town Attorney, Cortlandt
This is in response to your letter requesting an opinion of the Attorney General as to whether or not the Greater Cortlandt Fire Council, a not-forprofit corporation composed of seven fire districts and fire companies, is subject to the Zoning and Building Codes of the Town of Cortlandt in the proposed construction of a training center on land owned by the Council.
In the case of Nehrbas v Incorporated Village of Lloyd Harbor,
In the case of Hewlett v Town of Hempstead,
In the case of Miller v Incorporated Village of East Hills,
In the case of Westchester County v Village of Mamaroneck,
A parallel view was taken in Oswald v Westchester County ParkCommission, 234 N.Y.S.2d 465 (Supreme Court, Westchester County, 1962), affd
It would appear from the facts presented that the Greater Cortlandt Fire Council is neither a fire district nor a fire company carrying out a governmental function but is a not-for-profit corporation, which is an association of fire districts and fire companies, set up for the sole purpose of supplying training facilities for fire districts and fire companies and some of its activities might be considered a nuisance in a residential district.
From the above matter, we conclude that the Greater Cortlandt Fire Council, a not-for-profit corporation, is subject to the Zoning and Building Codes of the Town of Cortlandt.