City of Olean v. Conkling

This action is brought by plaintiff, the city of Olean, to restrain the defendants from an alleged violation of a *64zoning ordinance, viz., erecting and operating an automobile filling station in a block in said city claimed to have been zoned as residential property.

The city of Olean, in 1920 or prior thereto, adopted an ordinance providing for fire limits and construction of buildings in the city, which was effective on December 15, 1934, viz.:

“ § 2. Plans to be submitted; permits. No walls, structure, building or part thereof, shall hereafter be built, enlarged or altered in said city until…