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Matter of Koeber v. Bedell

Appellate Division of the Supreme Court of New York, Second Department
Mar 25, 1938
254 App. Div. 584 (N.Y. App. Div. 1938)

Opinion

March 25, 1938.


In a proceeding under article 78 of the Civil Practice Act, brought to review a determination of the board of zoning appeals of the town of Hempstead, denying petitioner's application for a building permit to reconstruct or repair a building partially destroyed by fire, proceeding dismissed on the merits, with fifty dollars costs and disbursements. The provision of section 1209 of the Building Zone Ordinance, in effect providing that a non-conforming building which has been damaged by fire to the extent of more than seventy-five per cent of its value shall not be repaired or rebuilt except for a conforming use, is valid and constitutional. The determination that petitioner's building had been damaged to the extent specified in the ordinance was not against the weight of the evidence within section 1296, subdivision 7, of the Civil Practice Act. Lazansky, P.J., Carswell, Adel, Taylor and Close, JJ., concur.


Summaries of

Matter of Koeber v. Bedell

Appellate Division of the Supreme Court of New York, Second Department
Mar 25, 1938
254 App. Div. 584 (N.Y. App. Div. 1938)
Case details for

Matter of Koeber v. Bedell

Case Details

Full title:In the Matter of the Application of PAUL C. KOEBER, Petitioner, for a…

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

Date published: Mar 25, 1938

Citations

254 App. Div. 584 (N.Y. App. Div. 1938)

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