Legal Opinion

Barkmann v. Town of Hempstead

Appellate Division of the Supreme Court of the State of New York

Decided June 19, 1944PublishedCited by 13 opinions

1Opinion of the Court

Action for a permanent injunction restraining defendants from enforcing a section of the building zone ordinance of the town of Hempstead insofar as it prohibits the harboring of pigeons upon the property of plaintiffs. Judgment declaring the ordinance void and unenforcible so far as it affects plaintiffs, and restraining the enforcement of said ordinance, reversed on the law, without costs, and the complaint dismissed on the law, without costs. The findings of fact have been considered and are not approved. Zoning ordinances have for their purpose the regulation and restriction of uses of…

2Cases cited4 opinions

  1. Dowsey v. Village of KensingtonNew York Court of Appeals · 1931
  2. Matter of Small v. MossNew York Court of Appeals · 1938
  3. Green Point Savings Bank v. Board of Zoning AppealsNew York Court of Appeals · 1939
  4. Thomas v. Board of Standards & AppealsAppellate Division of the Supreme Court of the State of New York · 1942

3Cited by13 opinions

  1. People v. MillerNew York Court of Appeals · 1952
  2. Presnell v. LeslieNew York Court of Appeals · 1957
  3. Town of Pompey v. ParkerAppellate Division of the Supreme Court of the State of New York · 1976
  4. Janas v. Town BoardAppellate Division of the Supreme Court of the State of New York · 1976
  5. Town of Huntington v. SudanoAppellate Division of the Supreme Court of the State of New York · 1973

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