Bartsch v. Ragonetti

Benedict, J. (orally).

This is an action brought to obtain a permanent injunction to restrain the defendants from excavating sand upon property in the borough of Brooklyn, which is owned by one of them, namely, the defendant John Ragonetti, who apparently *904is also the proprietor of the corporation which is the other defendant in the action, the Hygrade Builders’ Supply Company, Inc.

I think there can be no doubt that excepting for the statute permitting cities of the state to create by resolution or ordinance zoning restrictions the plaintiff would not have any cause of action against the…