People ex rel. Lankton v. Roberts
New York Supreme Court
Application for a peremptory writ of mandamus. The relator is the owner of a house and lot fronting on a street surrounding Steuben park, on the northerly side, in the city of Utica, within a residence district, attempted to be set apart by an ordinance passed by the common council of the city in March, 1914, pursuant to section 9 of chapter 774 of the Laws of 1913, as amended by chapter 798 of the same year, known as the Housing Act.
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Application for a peremptory writ of mandamus. The relator is the owner of a house and lot fronting on a street surrounding Steuben park, on the northerly side, in the city of Utica, within a residence district, attempted to be set apart by an ordinance passed by the common council of the city in March, 1914, pursuant to section 9 of chapter 774 of the Laws of 1913, as amended by chapter 798 of the same year, known as the Housing Act. The respondent is the superintendent of buildings of the city of Utica. The relator seeks the writ to compel the respondent to issue to the relator, pursuant to…
1Opinion of the CourtDeAngelis, J.
The respondent interposes the objection that his action in refusing to grant the permit can. only be reviewed by certiorari and that, therefore, he , cannot be compelled to grant the permit in any event by the writ of mandamus. That he is mistaken in his position is demonstrated by the ruling of the Court of Appeals in People ex rel. Kemp v. D’Oench, 111 N. Y. 359, and People ex rel. Schau v. McWilliams, 185 id. 92.
I think it is also reasonably' clear that no power to adopt the ordinance setting aside the alleged residence district was conferred upon the common council by any provision in the…
2Cases cited1 opinion
- People Ex Rel. Kemp v. . D'OenchNew York Court of Appeals · 1888
3Cited by7 opinions
- Howden v. Mayor of SavannahSupreme Court of Georgia · 1931
- Isenbarth v. BartnettAppellate Division of the Supreme Court of the State of New York · 1923
- Austin v. ThomasWest Virginia Supreme Court · 1924
- Hecht-Dann Construction Co. v. BurdenNew York Supreme Court · 1924
- Isenbarth v. BartnettAppellate Division of the Supreme Court of the State of New York · 1923
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