Barker v. Switzer
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William H. Switzer, as inspector of buildings, from a peremptory mandamus order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 3d day of March, 1924, requiring the defendant to issue to the petitioner a permit for the erection of a building in the city of New Rochelle.
1Opinion of the Court
Kapper, J.:
This appeal involves the validity of a portion of the “ Zoning Ordinance of the City of New Rochelle.” The facts are undisputed, and the question is one of law only.
Petitioner applied to the inspector of buildings of said city for a permit to erect'upon his land a three-story apartment house to contain twelve separate and distinct apartments. His application was refused upon the sole ground that his plans violated section 12 of article 2 of the “ zoning ordinance.” The portion of the ordinance attacked is as follows:
“ § 12. Number of families housed per acre. In an ‘ A ’ district…
2Cases cited2 opinions
- Lincoln Trust Co. v. Williams Building Corp.New York Court of Appeals · 1920
- City of Utica v. HannaAppellate Division of the Supreme Court of the State of New York · 1922
3Cited by10 opinions
- Golden v. Planning Board of RamapoNew York Court of Appeals · 1972
- Hall v. LeonardAppellate Division of the Supreme Court of the State of New York · 1940
- De Sena v. GuldeAppellate Division of the Supreme Court of the State of New York · 1965
- Stevens v. ClarkeAppellate Division of the Supreme Court of the State of New York · 1926
- City of Syracuse v. SnowNew York Supreme Court · 1924
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