Legal Opinion
Bakery Salvage Corp. v. City of Lackawanna
New York Court of Appeals
Decided April 24, 1969PublishedCited by 13 opinions
1Opinion of the CourtBergan, J.
The ordinance of the City of Lackawanna challenged by plaintiff restricts the size of trucks operating on a residential street to five tons (10,000 pounds). The street is very narrow, from 18 to 20 feet in width, making the passage of most motor vehicles difficult. It has no sidewalks and children play extensively there. The general city area where the street is located is residential and has been so zoned for many years.
Plaintiff’s trucks, weighing from 26,000 to 28,000 pounds loaded (almost three times the size permitted by the ordinance), have extensively used the residential street. They…
2Cases cited10 opinions
- Sproles v. BinfordSupreme Court of the United States · 1932
- Rodgers v. Village of TarrytownNew York Court of Appeals · 1951
- Shepard v. Village of SkaneatelesNew York Court of Appeals · 1949
- Sauer v. . City of New YorkNew York Court of Appeals · 1904
- Jones Beach Boulevard Estate, Inc. v. MosesNew York Court of Appeals · 1935
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Peconic Avenue Businessmens' Ass'n v. Town of BrookhavenAppellate Division of the Supreme Court of the State of New York · 1983
- Vecchio v. GriffinAppellate Division of the Supreme Court of the State of New York · 1988
- State v. BurnsCourt of Appeals of Arizona · 1979
- White Plains Automotive Supply Co. v. City of PeekskillAppellate Division of the Supreme Court of the State of New York · 1985
- Ricketts v. City of New YorkNew York Supreme Court · 1999
8 more not listed; retrieve them via the Exa API.