Village of New Rochelle v. Lang
New York Supreme Court
Appeal from special term, Westchester county. Action by the village of New Rochelle against Fredericka Lang to restrain the construction of a frame building on Main street in said village. From an order vacating a preliminary injunction, plaintiff appeals. Affirmed.
1Opinion of the CourtCullen, J.
This is an appeal from an order denying an injunction to restrain the defendant from constructing a wooden building in the village of New" Rochelle. The injunction was properly denied. We think that the plaintiff had no standing to maintain the action. “It is no part of the province of a court of equity to enforce the penal laws of the state or the by-laws of a corporation by an injunction unless the act sought to be restrained is a nuisance.” Mayor, etc., v. Thorne, 7 Paige, 261. The same rule was held in Village of Brockport v. Johnston, 13 Abb. N. C. 468. Even if the act were a nuisance,…
2Cases cited2 opinions
- Mayor of Hudson v. ThorneNew York Court of Chancery · 1838
- Village of Brockport v. JohnstonNew York Justice Court · 1883
3Cited by12 opinions
- Board of Health v. VinkMichigan Supreme Court · 1915
- City of New York v. M. Wineburgh Advertising Co.Appellate Division of the Supreme Court of the State of New York · 1907
- City of Yonkers v. Federal Sugar Refining Co.Appellate Division of the Supreme Court of the State of New York · 1910
- City of New York v. de PeysterAppellate Division of the Supreme Court of the State of New York · 1907
- Whitridge v. ParkNew York Supreme Court · 1917
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