In re Russell
New York Supreme Court
Application by Richard Russell for an alternative or peremptory mandamus directing Ossian E. Carr, City Manager of the City of Niagara Falls, N. Y., and Pascall O. Dietrich, Deputy City Engineer of said city, to grant permission to erect a building on Cherry street in the said city.
1Opinion of the CourtBissell, J.
The city of Niagara Falls has by ordinance forbidden the erection or operation of any factory within a prescribed *163area within the city limits "unless the owners of two-thirds of the residences and apartment houses located within two hundred feet of the place where such factory building is to be built and operated consent in writing thereto.”
The relator, Richard Russell, since the adoption of this ordinance, has purchased a parcel of land within this prescribed area, and has applied to the appropriate officers of the city government for permission to erect thereon a one-story factory building…
2Cases cited3 opinions
- Hadacheck v. SebastianSupreme Court of the United States · 1915
- Reinman v. City of Little RockSupreme Court of the United States · 1915
- Village of Carthage v. . FrederickNew York Court of Appeals · 1890
3Cited by3 opinions
- State ex rel. Civello v. City of New OrleansSupreme Court of Louisiana · 1923
- Salt Lake City v. Western Foundry & Stove Repair WorksUtah Supreme Court · 1920
- Isenbarth v. BartnettAppellate Division of the Supreme Court of the State of New York · 1923