People Ex Rel. Kemp v. . D'Oench
New York Court of Appeals
Appeal from order of the General Term of the Court of Common Pleas for the city of New York, made Hay 15, 1888, which affirmed an order of Special Term denying an application for a peremptory writ of mandamus requiring the superintendent of buildings of said city to approve the specifications and plans for a proposed addition to the Buckingham hotel in said city.
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Appeal from order of the General Term of the Court of Common Pleas for the city of New York, made Hay 15, 1888, which affirmed an order of Special Term denying an application for a peremptory writ of mandamus requiring the superintendent of buildings of said city to approve the specifications and plans for a proposed addition to the Buckingham hotel in said city. The relator’s application for such approval was denied upon the ground that the proposed structure was more than eighty feet in height, and so was prohibited by the act. (Chap. 454, Laws of 1885.) The act chapter 454 of the Laws of'…
1Opinion of the CourtEarl, J.
It is provided in the act chapter 454 of the Laws of 1885 that “the height of all dwelling houses and of all houses used or intended to be used as dwellings for more than one family ” thereafter to be erected in the city of 27ew York shall not exceed eighty feet in streets and avenues exceeding sixty feet in width.
We have no doubt of the competency of the legislature in the exercise of the police power under the Constitution to pass such an act, and the sole question, therefore, now to be determined is whether the act applies to hotels. We think it does not. In interpreting statutes the words…
2Cited by26 opinions
- People v. . HavnorNew York Court of Appeals · 1896
- Welch v. SwaseyMassachusetts Supreme Judicial Court · 1907
- West Bros. Brick Co. v. City of AlexandriaSupreme Court of Virginia · 1937
- Gorieb v. FoxSupreme Court of Virginia · 1926
- Cochran v. PrestonCourt of Appeals of Maryland · 1908
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