Westchester County S.P.C.A. v. Mengel
New York Court of Appeals
I. The undisputed evidence establishes that the appellant is a philanthropic and eleemosynary institution and that its proposed use of its property was philanthropic and eleemosynary in character. (Cromwell v. American Bible Society, 202 App. Div. 625.) II. The appellant, as a philanthropic and eleemosynary institution, has the right, under the zoning ordinance, to occupy its property for its philanthropic and eleemosynary purposes.
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I. The undisputed evidence establishes that the appellant is a philanthropic and eleemosynary institution and that its proposed use of its property was philanthropic and eleemosynary in character. (Cromwell v. American Bible Society, 202 App. Div. 625.) II. The appellant, as a philanthropic and eleemosynary institution, has the right, under the zoning ordinance, to occupy its property for its philanthropic and eleemosynary purposes. (Matter of Monument Garage Corp. v. Levy, 266 N. Y. 339; People ex rel. Orten-berg v. Bales, 224 App. Div. 87, 250 N. Y. 598; Matter of Multiplex Garages, Inc. v.…
1Opinion of the Court
Lehman, Ch. J.
The petitioner appellant is a non-profit membership organization incorporated by statute (L. 1883, ch. 91) as a society for “ the prevention of cruelty to animals ”, with power, within the territory in which it may lawfully conduct its activities, “ to enforce by any and all lawful means all acts of the legislature of this state for the prevention of such cruelty to animals, and the punishment of any and all violations of such statutes ”. In October, 1941, it purchased a tract of land, with a small dwelling, a garage and a barn upon it, in the Town of in Westchester County. It…
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