Legal Opinion

Village of North Pelham v. Ohliger

Appellate Division of the Supreme Court of the State of New York

Decided February 15, 1926PublishedCited by 9 opinions

1Opinion of the Court

Judgment reversed on the law and the facts, with costs, and judgment directed for plaintiff as prayed for in paragraphs 4 and 6 of the prayer for relief in the complaint, with costs. Aside from the fact that there was no proof to overcome the presumption that the ordinance* was a reasonable exercise of the police power (City of Rochester v. Macauley-Fien M. Co., 199 N. Y. 207; Matter of Stubbe v. Adamson, 220 id. 459), we hold the ordinance is such reasonable exercise as a matter of law. (Matter of Wulfsohn v. Burden, 241 N. Y. 288, decided by Court of Appeals November 24, 1925.) The'finding…

2Cases cited2 opinions

  1. Matter of Wulfsohn v. BurdenNew York Court of Appeals · 1925
  2. City of Rochester v. MacAuley-fien Milling Co.New York Court of Appeals · 1910

3Cited by9 opinions

  1. City of Yonkers v. Rentways, Inc.New York Court of Appeals · 1952
  2. Reichenbach v. Windward at SouthamptonNew York Supreme Court · 1975
  3. S. B. Garage Corp. v. MurdockNew York Supreme Court · 1945
  4. Walls v. GiulianiDistrict Court, E.D. New York · 1996
  5. City of Geneva v. Cayuga Oil Co.New York Supreme Court · 1929

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