People Ex Rel. Corn Hill Realty Co. v. Stroebel
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 3, 1913, which dismissed a writ of certiorari and confirmed the determination of the defendant denying the relator’s application for a building permit. The facts, so far as material, are stated in the opinion. An unreasonable ordinance or one oppressive to trade and commerce, enacted even under a “specific” power to enact, is void.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 3, 1913, which dismissed a writ of certiorari and confirmed the determination of the defendant denying the relator’s application for a building permit. The facts, so far as material, are stated in the opinion. An unreasonable ordinance or one oppressive to trade and commerce, enacted even under a “specific” power to enact, is void. (Ford v. Standard Oil Co., 32 App. Div. 596; Brooklyn R. R. Co. v. Brooklyn, 37 Hun, 413; People v. Jarvis, 19 App. Div. 466; Eckhardt v. Buffalo, 19…
1Opinion of the CourtWerner, J.
On the 10th of September, 1912, the relator applied to the superintendent of buildings of the city of Utica for permission to erect a building on Clinton place. The dimensions of the building were stated to be as follows: 110 feet wide, about 122 feet long and about 16 feet high, and it was to be placed on a lot 120 feet in width by 200 feet in depth. The application states that the building is “ to be used and occupied for buying, selling, dealing in and otherwise disposing of vehicles, automobiles, motor cycles and other personal property. ”
The record contains a number of ordinances of the…
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