Legal Opinion
Wertheimer v. Schwab
New York Supreme Court
Decided April 20, 1925PublishedCited by 6 opinions
1Opinion of the Court
Hinkley, J.:
The petitioner asks that the defendant's mayor and councilmen grant a permit to erect a building for moving, picture purposes on premises located at No. 1400 Hertel avenue in the city of Buffalo.
The material facts alleged in petitioner’s affidavit are without *823dispute and no question of fact is presented calling for an alternative mandamus order.
Petitioner, in 1923, commenced the erection of buildings on Hertel avenue to be used for stores, offices and a theatre. The store and office building was completed, and petitioner petitioned the common council of the city of Buffalo, in the…
2Cases cited4 opinions
- People Ex Rel. Empire City Trotting Club v. State Racing CommissionNew York Court of Appeals · 1907
- People ex rel. Bender v. JoyceAppellate Division of the Supreme Court of the State of New York · 1916
- Matter of Kensington-Davis Corp.New York Court of Appeals · 1924
- People ex rel. Cosby v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by6 opinions
- City of Stockton v. Frisbie & LattaCalifornia Court of Appeal · 1928
- Downey v. City of Sioux CitySupreme Court of Iowa · 1929
- State Ex Rel. Casey's General Stores, Inc. v. City Council of SalemMissouri Court of Appeals · 1985
- Brunacini v. LoomisNew York Supreme Court · 1958
- Rettaliata v. Town of HuntingtonNew York Supreme Court · 1962
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