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Matter of Weinrib v. Weisler

Appellate Division of the Supreme Court of New York, Second Department
Jan 26, 1970
33 A.D.2d 923 (N.Y. App. Div. 1970)

Opinion

January 26, 1970


In a proceeding pursuant to article 78 of the CPLR to compel the issuance of a building permit and for related relief, officials of the Incorporated Village of Lawrence appeal from a second supplementary judgment of the Supreme Court, Nassau County, entered August 11, 1969, which granted petitioner's motion to add certain provisions to the supplementary judgment in his favor. Second supplementary judgment affirmed, with costs. The purpose of zoning is to regulate the use of land, irrespective of who may be the owner of the land ( Bernstein v. Board of Appeals of Vil. of Matinecock, 60 Misc.2d 470; Matter of Feneck v. Murdock, 16 Misc.2d 789; 1 Rathkopf, Zoning Planning, 3d ed., 1968 Cumulative Supp., pp. 5-6 [supplementing original p. 1-8]). In this case the building permit, being a function of zoning, would also affect property use ( Yahnel v. Board of Adjustment of Jamesburg, 76 N.J. Super, 546; 101 C.J.S., Zoning, § 242). Accordingly, the prohibition against the assignment of building permits, set forth in section 231.4 of the Building Code of the Incorporated Village of Lawrence, is unconstitutional, as it is an attempt by the village to control the ownership and transference of property, rather than its use. Brennan, Acting P.J., Rabin, Hopkins, Benjamin and Martuscello, JJ., concur.


Summaries of

Matter of Weinrib v. Weisler

Appellate Division of the Supreme Court of New York, Second Department
Jan 26, 1970
33 A.D.2d 923 (N.Y. App. Div. 1970)
Case details for

Matter of Weinrib v. Weisler

Case Details

Full title:In the Matter of ERNEST WEINRIB, Respondent, v. FREDERICK L. WEISLER et…

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

Date published: Jan 26, 1970

Citations

33 A.D.2d 923 (N.Y. App. Div. 1970)

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