Legal Opinion
Leathersich v. Wade
Appellate Division of the Supreme Court of the State of New York
Decided April 9, 1964PublishedCited by 3 opinions
1Opinion of the Court
Order unanimously affirmed, without costs of this appeal to any party. Memorandum: Section 23 of the Zoning Ordinance of the Village of Churehville provides that the ordinance shall not restrict “the installation and maintenance of such public utilities as may be required to service any district.” The interpretation of this section by the Zoning Board of Appeals, so as to permit the construction of a telephone dial exchange building within a residential district, is not without a rational basis. “ Public utilities” is a broad and comprehensive term and a reasonable mind might well conclude…
2Cases cited3 opinions
- National Labor Relations Board v. Hearst Publications, Inc.Supreme Court of the United States · 1944
- Rochester Telephone Corp. v. United StatesSupreme Court of the United States · 1939
- Matter of Mounting Finishing Co. v. McGoldrickNew York Court of Appeals · 1945
3Cited by3 opinions
- Delles v. CooperAppellate Division of the Supreme Court of the State of New York · 1976
- Diaz v. New York State Office of Mental HealthAppellate Division of the Supreme Court of the State of New York · 1992
- Di Loreto v. StockmanNew York Supreme Court · 1984