Plain-Pike Realty Co. v. Sanford

Appellate Division of the Supreme Court of New York

Plain-Pike Realty Co. v. Sanford

10 A.D.2d 644, 197 N.Y.S.2d 398, 1960 N.Y. App. Div. LEXIS 11649

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

DecidedFebruary 23, 1960

StatusPublished

This text of 10 A.D.2d 644 (Plain-Pike Realty Co. v. Sanford) 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

Plain-Pike Realty Co. v. Sanford, 10 A.D.2d 644, 197 N.Y.S.2d 398, 1960 N.Y. App. Div. LEXIS 11649 (N.Y. Ct. App. 1960).

Pincite

Opinion

Appeal from an order dismissing the petition in a proceeding pursuant to article 78 of the Civil Practice Act. Appellant brought the proceeding to compel respondent to issue a building permit for the erection of an automobile service station in a residence “ B ” district, where such use is prohibited, and to declare the local zoning ordinance unconstitutional and void insofar as it limits appellant’s property to the uses permitted in such a district. Order unanimously affirmed, with costs. Appellant, having asserted an invasion of its property rights, had the burden of establishing that the property was so situated that it was not reasonably adapted for residential use (cf. Vernon Park Realty v. City of Mount Vernon, 307 N. Y. 493, 499). In our opinion, appellant failed to sustain that burden, whether its burden was to establish its ease merely by a fair preponderance of the credible evidence (cf. McKeon v. Van Slyck, 223 N. Y. 392, 397) or beyond a reasonable doubt (cf. Wiggins v. Town of Somers, 4 N Y 2d 215, 218). Present — Nolan, P. J., Ughetta, Kleinfeld, Pette and Brennan, JJ.

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Appeal from an order dismissing the petition in a proceeding pursuant to article 78 of the Civil Practice Act. Appellant brought the proceeding to compel respondent to issue a building permit for the erection of an automobile service station in a residence “ B ” district, where such use is prohibited, and to declare the local zoning ordinance unconstitutional and void insofar as it limits appellant’s property to the uses permitted in such a district. Order unanimously affirmed, with costs. Appellant, having asserted an invasion of its property rights, had the burden of establishing that the property was so situated that it was not reasonably adapted for residential use (cf. Vernon Park Realty v. City of Mount Vernon, 307 N. Y. 493, 499). In our opinion, appellant failed to sustain that burden, whether its burden was to establish its ease merely by a fair preponderance of the credible evidence (cf. McKeon v. Van Slyck, 223 N. Y. 392, 397) or beyond a reasonable doubt (cf. Wiggins v. Town of Somers, 4 N Y 2d 215, 218). Present — Nolan, P. J., Ughetta, Kleinfeld, Pette and Brennan, JJ.

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Bluebook (online)

10 A.D.2d 644, 197 N.Y.S.2d 398, 1960 N.Y. App. Div. LEXIS 11649, Counsel Stack Legal Research, https://law.counselstack.com/opinion/plain-pike-realty-co-v-sanford-nyappdiv-1960.

Opinion

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