Little Joseph Realty, Inc. v. Town of Babylon

In Little Joseph Realty, Inc. v. Town of Babylon (41 N.Y.2d 738, 363 N.E.2d 1163, 395 N.Y.S.2d 428 [1977]), the issue was whether a town's zoning regulations applied to an asphalt plant operated for private profit but located on town-owned land which had been leased to a private entity. Applying the now-abandoned governmental-proprietary function test, we held that the local zoning laws were applicable, reasoning that because the plant "was operated solely by and for the commercial benefit of ... a private entrepreneur," the lease arrangement "could not serve to clothe the entrepreneur with immunity from the zoning laws" (id. at 742).