Koeber v. Bedell
| Decision Date | 18 April 1939 |
| Citation | 280 N.Y. 692,21 N.E.2d 200 |
| Court | New York Court of Appeals Court of Appeals |
| Parties | Paul C. KOEBER, Appellant, v. Stephen A. BEDELL, and others, Respondents. |
OPINION TEXT STARTS HERE
Appeal from Supreme Court, Appellate Division, Second Department, 254 App.Div. 584, 3 N.Y.S.2d 108.
Certiorari proceeding by Paul C. Koeber against Stephen A. Bedell and others, constituting the Board of Appeals of the Town of Hempstead, and others, to review a determination of the Board of Zoning Appeals denying petitioner's application for a building permit to reconstruct or repair a building partially destroyed by fire, wherein the Franklin Society for Home Building & Savings intervened. Petitioner's premises were located in a residence zone, and were used for the manufacture of celluloid. A prohibition was placed in the zoning ordinance against repairing or rebuilding any nonconforming building which may have been damaged by fire or other causes to the extent of more than 75 per cent. of its value.
A fire broke out on petitioner's premises, and several of the buildings were totally destroyed, and the one main building, which was 30 feet wide and 100 feet long, was more than 75 per cent. destroyed. It was that building that petitioner sought to reconstruct according to the application filed with the building inspector.
Petitioner contended that the prohibition in the ordinance was unconstitutional.
From an order of the Appellate Division, 254 App.Div. 584, 3 N.Y.S.2d 108, dismissing the proceedings on the merits, petitioner appeals.
Affirmed. Jacob M. Zinaman, of New York City, for appellant.
Jeremiah Wood, of Hempstead, L.I. (James N. Gehrig, of Hempstead, L.I., of counsel), for respondents.
Order affirmed with costs.
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Harbison v. City of Buffalo
...of the property owner to enlarge or extend the use or to rebuild or make alterations to the structures on the property (Koeber v. Bedell, 280 N.Y. 692, 21 N.E.2d 200; Cordes v. Moore, 308 N.Y. 761, 125 N.E.2d 112; Marcus v. Village of Mamaroneck, 283 N.Y. 325, 28 N.E.2d 856; Town of Hempste......
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Off Shore Rest. Corp. v. Linden
...v. Moore, 308 N.Y. 761, 125 N.E.2d 112; Marcus v. Village of Mamaroneck, 283 N.Y. 325, 331, 28 N.E.2d 856, 859; Matter of Koeber v. Bedell, 280 N.Y. 692, 21 N.E.2d 200; Matter of Pisicchio v. Board of Appeals of Freeport, 165 Misc. 156, 300 N.Y.S. 368; Rathkopf, Op. cit., supra, at pp. 59--......
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Chioffi v. City of Winooski
...is constitutionally reasonable as long as it specifies reasonable time period for terminating nonconforming use); Koeber v. Bedell, 280 N.Y. 692, 21 N.E.2d 200, 200 (1939) (upholding prohibition of reconstruction of nonconforming building after fire damaged it by more than seventy-five perc......
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Fidelity & Guar. Ins. Corp. v. Mondzelewski
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