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Matter of Cherry

Appellate Division of the Supreme Court of New York, Second Department
Mar 1, 1922
201 App. Div. 856 (N.Y. App. Div. 1922)

Opinion

March, 1922.


Order reversed, with ten dollars costs, and motion denied, without costs; as the printed papers on appeal consist largely of irrelevant matter, disbursement for printing the record is disallowed, but disbursement for printing points is allowed. The ordinances of the village of Larchmont are valid and a proper exercise of the police power of the State; they were passed pursuant to a valid grant of power contained in section 30 of the Village Law, as amended by chapter 464 of the Laws of 1921. ( Lincoln Trust Co. v. Williams Bldg. Corp., 229 N.Y. 313.) The fact that the ordinances were passed after the petitioner had filed an application for a permit to build, and after petitioner had commenced a proceeding for mandamus to compel the issuance of a permit, does not affect the validity of the ordinance. Blackmar, P.J., Kelly, Jaycox, Manning and Kelby, JJ., concur. Settle order on notice.


Summaries of

Matter of Cherry

Appellate Division of the Supreme Court of New York, Second Department
Mar 1, 1922
201 App. Div. 856 (N.Y. App. Div. 1922)
Case details for

Matter of Cherry

Case Details

Full title:In the Matter of the Application of MOSES CHERRY, Respondent, for a…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 1, 1922

Citations

201 App. Div. 856 (N.Y. App. Div. 1922)

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Matter of Haussman v. Oatley

No vested right is created simply by an application for a building permit. ( Matter of Cherry [ Isbister],…

Haussman v. Oatley

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