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Matter of Hamblen v. Briante

Appellate Division of the Supreme Court of New York, Second Department
Jan 9, 1939
256 App. Div. 820 (N.Y. App. Div. 1939)

Opinion

January 9, 1939.


Final order of the Special Term, Westchester county, directing the appellant building inspector of the town of Eastchester to issue a permit to respondents for the erection of a gasoline filling station on their land on the ground that the town ordinance is invalid and ineffective as to respondents, etc., reversed on the law and the facts, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. Findings of fact and conclusions of law inconsistent herewith are reversed. We find that the evidence does not establish that the only beneficial use of respondents' land is as a gasoline filling station, but shows that there are conforming uses available. The evidence establishes that the ordinance, which prohibits the erection of gasoline filling stations in the Business "A" District, is a reasonable exercise of the police power, directly related to the public safety, health and welfare. Hagarty, Carswell, Adel and Taylor, JJ., concur; Close, J., not voting. Settle order on notice.


Summaries of

Matter of Hamblen v. Briante

Appellate Division of the Supreme Court of New York, Second Department
Jan 9, 1939
256 App. Div. 820 (N.Y. App. Div. 1939)
Case details for

Matter of Hamblen v. Briante

Case Details

Full title:In the Matter of the Application of COLLINS HAMBLEN, and LENORE F. PALM…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 9, 1939

Citations

256 App. Div. 820 (N.Y. App. Div. 1939)