Village of Brockport v. Johnston
New York Justice Court
Motion to vacate injunction. The village of Brockport brought this action against Henry Norton Johnston, to enjoin the construction of wooden buildings within limits where the erection of such structures had been forbidden by by-law of the village.
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Motion to vacate injunction. The village of Brockport brought this action against Henry Norton Johnston, to enjoin the construction of wooden buildings within limits where the erection of such structures had been forbidden by by-law of the village. The provisions of the statute in question are as follows : “ The trustees shall have power, as to acts and matters within the corporate bounds, to make, publish, amend and repeal rules, ordinances and by-laws for the following purposesand to control the construction of building, as to material, and prescribe the limits within which wooden buildings…
1Opinion of the CourtBrassy, J.
The village of Brockport was organized under the general act for the incorporation of villages. By that act the trustees have power to establish ordinances for several purposes, among which are to prescribe the limits within which wooden buildings shall, not be built and to control the construction of buildings as to material, and to prescribe a penalty not exceeding one thousand dollars for a violation of any ordinance passed relating thereto (L. 1870, c. 291, tit. 3, § 3, subd. 23).
Pursuant to this power the trustees of the village of Brockport passed an ordinance forbidding the erection of…
2Cases cited3 opinions
- Mayor of Hudson v. ThorneNew York Court of Chancery · 1838
- Village of St. Johns v. McFarlanMichigan Supreme Court · 1875
- President of Waupun v. MooreWisconsin Supreme Court · 1874
3Cited by4 opinions
- Village of New Rochelle v. LangNew York Supreme Court · 1894
- City of New York v. de PeysterAppellate Division of the Supreme Court of the State of New York · 1907
- Ellis v. EllisNew York Supreme Court · 1907
- City of Rochester v. GutberlettNew York Supreme Court · 1911