Fairchild Sons, Inc. v. Rogers

Peremptory mandamus order modified by striking therefrom the provision staying the board of trustees “ from voting upon the said proposed amendment of said zoning ordinance of said village unless and until said building permit shall first have been granted as hereinbefore directed,” and as- so modified affirmed, without costs. In our opinion, the Special Term was without power, in this mandamus proceeding, to enjoin the board of trustees from voting upon the proposed amendment of the village zoning ordinance, and petitioner’s vested rights, if any, may be protected in a subsequent action or…