Dienst v. Briante

Appellate Division of the Supreme Court of New York

Dienst v. Briante

256 A.D. 952, 11 N.Y.S.2d 234, 1939 N.Y. App. Div. LEXIS 5600

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 28, 1939

StatusPublished

This text of 256 A.D. 952 (Dienst v. Briante) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dienst v. Briante, 256 A.D. 952, 11 N.Y.S.2d 234, 1939 N.Y. App. Div. LEXIS 5600 (N.Y. Ct. App. 1939).

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Opinion

— The petitioners brought this proceeding, in the nature of mandamus, to compel the issuance by the building inspector of a permit to erect a gasoline station on their property on the ground that a zoning ordinance of the town was arbitrary, unreasonable and void. The matter went to a hearing before an official referee, who made findings that the ordinance, in so far as it related to this property, was arbitrary, unreasonable, discriminatory, confiscatory and illegal, and granted an order directing the issuance of such certificate. The proceeding presented very largely questions of iact. Order unanimously affirmed, with ten dollars costs and disbursements. No opinion. Present — Hagarty, Carswell, Davis, Adel and Close, JJ.

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— The petitioners brought this proceeding, in the nature of mandamus, to compel the issuance by the building inspector of a permit to erect a gasoline station on their property on the ground that a zoning ordinance of the town was arbitrary, unreasonable and void. The matter went to a hearing before an official referee, who made findings that the ordinance, in so far as it related to this property, was arbitrary, unreasonable, discriminatory, confiscatory and illegal, and granted an order directing the issuance of such certificate. The proceeding presented very largely questions of iact. Order unanimously affirmed, with ten dollars costs and disbursements. No opinion. Present — Hagarty, Carswell, Davis, Adel and Close, JJ.

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Bluebook (online)

256 A.D. 952, 11 N.Y.S.2d 234, 1939 N.Y. App. Div. LEXIS 5600, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dienst-v-briante-nyappdiv-1939.