Hamblen v. Briante

Appellate Division of the Supreme Court of New York

Hamblen v. Briante

256 A.D. 820, 8 N.Y.S.2d 739, 1939 N.Y. App. Div. LEXIS 5017

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

DecidedJanuary 9, 1939

StatusPublished

This text of 256 A.D. 820 (Hamblen 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

Hamblen v. Briante, 256 A.D. 820, 8 N.Y.S.2d 739, 1939 N.Y. App. Div. LEXIS 5017 (N.Y. Ct. App. 1939).

Pincite

Opinion

Final order of the Special Term, Westchester county, directing the appellant building inspector of the town of Eastehester 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.

Free access — add to your briefcase to read the full text and ask questions with AI

Final order of the Special Term, Westchester county, directing the appellant building inspector of the town of Eastehester 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.

Cite This Page — Counsel Stack

Bluebook (online)

256 A.D. 820, 8 N.Y.S.2d 739, 1939 N.Y. App. Div. LEXIS 5017, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hamblen-v-briante-nyappdiv-1939.