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Town of Hempstead v. Goldblatt

Appellate Division of the Supreme Court of New York, Second Department
Nov 25, 1957
4 A.D.2d 970 (N.Y. App. Div. 1957)

Opinion

November 25, 1957

Present — Nolan, P.J., Murphy, Ughetta, Hallinan and Kleinfeld, JJ.


In an action to enjoin the use of two parcels of real property allegedly in violation of a building zone ordinance, the appeal is from so much of a judgment entered after trial as enjoined the operation of a transit mix business on one of said parcels. The real property, situated in a residence district under the zoning ordinance, is used to mine sand and gravel, as a lawful nonconforming use. The proof establishes that sand and gravel mined on the premises, together with cement brought in from outside the premises, are mixed on the premises to form a concrete aggregate. The proof further establishes that some quantities of sand and gravel, not mined on the premises, are also used to form the concrete aggregate. The Trial Justice found that the prior nonconforming use has been extended and changed, and that the present use is not a mere modernization of the sand and gravel business. Judgment insofar as appeal is taken unanimously affirmed, with costs. No opinion.


Summaries of

Town of Hempstead v. Goldblatt

Appellate Division of the Supreme Court of New York, Second Department
Nov 25, 1957
4 A.D.2d 970 (N.Y. App. Div. 1957)
Case details for

Town of Hempstead v. Goldblatt

Case Details

Full title:TOWN OF HEMPSTEAD, Respondent, v. HERBERT W. GOLDBLATT et al., Appellants

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

Date published: Nov 25, 1957

Citations

4 A.D.2d 970 (N.Y. App. Div. 1957)

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