Town of Delaware v. Leifer

Decision: 2019.11.21

Argument: 2019.10.16 vid. tr.

Action by town to enjoin defendant landowner from holding outdoor festival on his land without applying for a use variance—whether the outdoor festival with presentation of music falls within the zoning code definition of a “theater” prohibited in the town’s Rural District; claimed violations of defendant’s First Amendment rights.

Select one… NYCA Merits Briefs NYCA Other Materials Lower Court Decision Lower Court Materials

• First Amendment not violated by application of zoning rules to outdoor religious festival (Town of Delaware v. Leifer).
• Case Summary – Town of Delaware v. Leifer