Village of Old Westbury v. Foster

The plaintiff, the incorporated Village of Old Westbury, seeks an injunction to restrain the defendant from carrying on a business in a portion of the village, zoned for residential purposes. The defendant is a professional dog handler. His principal occupation is that of showing pedigreed dogs at dog shows. As a part of his business, the defendant *48receives dogs into his kennels, maintains them and conditions them for show purposes. He receives compensation therefor. In addition, he owns one or more male dogs which he uses at stud at his kennels, for which he also receives compensation. At…