McDonough v. Apton
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Moule, J.P.
The primary issue presented on this appeal concerns the validity of a zoning ordinance which prohibits the display of goods for sale in yard areas and the use of a building located within an industrial zone for residential purposes.
Respondents Apton have resided at 62 North Main Street in the Village of Fairport since November, 1968 as tenants and since September 25, 1970 as owners. They also have operated a wholesale and retail antique business on the premises. Respondent Kiefer holds the mortgage. Under a village zoning ordinance adopted on November 28, 1966 and a similar…
2Cases cited19 opinions
- Yick Wo v. HopkinsSupreme Court of the United States · 1886
- Village of Euclid v. Ambler Realty Co.Supreme Court of the United States · 1926
- Matter of Otto v. SteinhilberNew York Court of Appeals · 1939
- Rodgers v. Village of TarrytownNew York Court of Appeals · 1951
- Matter of Wulfsohn v. BurdenNew York Court of Appeals · 1925
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3Cited by6 opinions
- River of Life Kingdom Ministries v. Village of Hazel CrestCourt of Appeals for the Seventh Circuit · 2010
- City of Burlington v. KutzerCourt of Appeals of Washington · 1979
- Atlas Henrietta, LLC v. Town of Henrietta Zoning Board of AppealsNew York Supreme Court · 2013
- Village of Kenmore v. NeissAppellate Division of the Supreme Court of the State of New York · 1983
- Discovery Real Estate and Development, LLC v. Town of St. FrancisvilleDistrict Court, M.D. Louisiana · 2022
1 more not listed; retrieve them via the Exa API.