In re Koeber

Appellate Division of the Supreme Court of New York

In re Koeber

254 A.D. 584, 3 N.Y.S.2d 108, 1938 N.Y. App. Div. LEXIS 6658

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

DecidedMarch 25, 1938

StatusPublished

Cited by3 cases

This text of 254 A.D. 584 (In re Koeber) 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

In re Koeber, 254 A.D. 584, 3 N.Y.S.2d 108, 1938 N.Y. App. Div. LEXIS 6658 (N.Y. Ct. App. 1938).

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Opinion

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 Hemp-stead, 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.

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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 Hemp-stead, 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.

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Bluebook (online)

254 A.D. 584, 3 N.Y.S.2d 108, 1938 N.Y. App. Div. LEXIS 6658, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-koeber-nyappdiv-1938.

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