Pressel v. Ferris

The petitioner seeks a peremptory order of mandamus directing the supervisor and town clerk of the town of Eastchester to issue to the petitioner a license to conduct a restaurant upon premises owned by him. The question is whether an amendment to the town zoning ordinance adopted July 15, 1931, is enforcible or not. The particular amendment under attack zoned the petitioner’s property as residence “ E,” and restaurants are not allowed in that particular zone. It was upon this ground that the license was refused.

*911It is admitted that the amendment was published but once after its adoption and…