City of Hillsdale v. Hillsdale Iron & Metal Co.

Defendant appeals from decree restraining it from operating its scrap yard in a residential zone in plaintiff city in a manner held to constitute an extension of a permitted nonconforming use and a nuisance. We affirm. The individual plaintiffs occupy neighboring residences.

Defendant’s first main contention is that the zoning ordinance in question is, as applied to its property, unreasonable and unconstitutional for a numjber of reasons, which we consider seriatim.(1) The ordinance zones defendant’s property and the area around it for single residence use only. It also provides that no lot…