Legal Opinion

Oriental Boulevard Co. v. Heller

New York Court of Appeals

Decided November 12, 1970PublishedCited by 34 opinions

1Opinion of the CourtBreitel, J.

Plaintiffs question the power of the City of New York to regulate by a particular local ordinance the use of fuel burners and refuse incinerators to control the emission of aerial pollutants. The original plaintiffs and several hundred interveners, all apartment house owners, sought a declaratory judgment to annul and enjoin enforcement of the ordinance on the ground of its unconstitutionality. Special Term granted summary judgment in part in favor of defendant municipal officials, holding that there was power to enact the ordinance and that it was constitutional in design and application. A…

2Cases cited18 opinions

  1. Lindsley v. Natural Carbonic Gas Co.Supreme Court of the United States · 1911
  2. Phillips v. CommissionerSupreme Court of the United States · 1931
  3. Ewing v. Mytinger & Casselberry, Inc.Supreme Court of the United States · 1950
  4. Borden's Farm Products Co. v. BaldwinSupreme Court of the United States · 1934
  5. North American Cold Storage Co. v. City of ChicagoSupreme Court of the United States · 1908

13 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. In re Daniel C.Appellate Division of the Supreme Court of the State of New York · 1984
  2. Southern Illinois Asphalt Co. v. Environmental Protection AgencyAppellate Court of Illinois · 1973
  3. People v. PaceAppellate Division of the Supreme Court of the State of New York · 1984
  4. DeCoals, Inc. v. BD. OF ZONING APPEALS, ETC.West Virginia Supreme Court · 1981
  5. Fagan v. AxelrodNew York Supreme Court · 1990

29 more not listed; retrieve them via the Exa API.

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