Boardwalk & Seashore Corp. v. Murdock

Motion by petitioner for an order sustaining the order of certiorari granted herein. The situation presented here is the same as that found in Best & Co., Inc., v. Incorporated Village of Garden City (247 App. Div. 893; affd., 273 N. Y. 564). It is true that the above action was decided against petitioner. That was due to its choice of remedies and even with respect to that two members of the court dissented, sustaining petitioner’s view. The court clearly holds (dicta, but helpful and timely suggestion) that a zoning regulation adopted after a use has been commenced is without effect against…