Cherry v. Isbister — 234 N.Y. 607

Majority

p. 607

In the Matter of the Application of Moses Cherry, Appellant, for a Peremptory Writ of Mandamus against John Isbister, as Building Inspector of the Village of Larchmont, Respondent.

Headnote

Municipal corporations — villages — when zoning ordinance passed after the filing of application for permit to build and after commencement of proceeding to compel issuance of permit effectual to prevent issuance of such permit.

Matter of Cherry v. Isbister, 201 App. Div. 856 , affirmed.

(Argued November 20, 1922;

decided December 5, 1922.)

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered March 3, 1922, which reversed an order of Special Term granting a motion for a peremptory order of mandamus and denied said motion. The order of Special Term directed defendant to issue a permit for the erection of a building on described premises in the village of Larchmont. The Appellate Division held that a zoning ordinance passed after petitioner had filed his application to build and after he had commenced this proceeding to compel the issuance of a permit, which prohibited the erection of a building of the kind specified on the plot

p. 608

in question, was valid and effectual to bar the issuance of the permit in question.

Arthur I. Strang for appellant.

Clarence De Witt Rogers for respondent.

Order affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.