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Long Island Lighting Co. v. City of Long Beach

114 N.E.2d 429, 305 N.Y. 880, 1953 N.Y. LEXIS 1355
CourtNew York Court of Appeals
DecidedJuly 14, 1953
StatusPublished
Cited by9 cases

This text of 114 N.E.2d 429 (Long Island Lighting Co. v. City of Long Beach) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Long Island Lighting Co. v. City of Long Beach, 114 N.E.2d 429, 305 N.Y. 880, 1953 N.Y. LEXIS 1355 (N.Y. 1953).

Opinion

Upon reargument: Order affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Froessel and Van Voorhis, JJ. Desmond,' Dye and Ftjld, JJ., dissent and vote to reverse the order of the Appellate Division and that of Special Term, and to reinstate the determination of the board of zoning appeals, with costs in all courts. Since there was evidence that the proposed substation would emit a hum which could be heard by those in the immediate vicinity thereof, it cannot be said, as a matter of law, that, in disallowing the permit, the zoning board of appeals acted arbitrarily and in abuse of its discretion (People ex rel. St. Albans-Springfield Corp. v. Connell, 257 N. Y. 73; People ex rel. Sullivan v. McLaughlin, 266 N. Y. 519).

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Cite This Page — Counsel Stack

Bluebook (online)
114 N.E.2d 429, 305 N.Y. 880, 1953 N.Y. LEXIS 1355, Counsel Stack Legal Research, https://law.counselstack.com/opinion/long-island-lighting-co-v-city-of-long-beach-ny-1953.