Isenbarth v. Bartnett

Kelby, J.:

This court on a prior appeal herein held that mandamus was a proper remedy, and reargument was denied. (See 205 App. Div. 845; Id. 895.) On this appeal the question presented is whether the Zoning Ordinance, in its operation upon petitioner’s property, is unreasonable and, therefore, invalid. The court below has held that it is. The brief of the appellant does not appear to contend that this finding and conclusion did not have support in the evidence, its argument being along the line of the assertion that the Zoning Ordinance was a reasonable exercise of the police power. The…