Fox Lane Corp. v. Mann

Headnote

New York city — building zones — amendment of ordinance extending zone in which apartment may not be built — permit already issued does not give vested right to erect building in violation of amendment.

Matter of Fox Lane Corp., 216 App. Div. 813 , affirmed.

Appeal in each of the above-entitled proceedings from an order of the Appellate Division of the Supreme Court in the second judicial department, entered April 16, 1926, which reversed an order of Special Term granting a motion for a peremptory order of mandamus to compel the issuance of a permit for the erection of an apartment house on premises at the corner of Lincoln street and Bowne avenue, Flushing, New York city. The Appellate Division held that “ since the repeal, on October 3, 1924, of former section 24 of the Building Zone Resolution, there is nothing in the zoning ordinance to save existing permits, and, as no work had been commenced, and no building erected or in course of construction, at the time of the amendment, the provisions of the present section 24 of the Building Zone Resolution which prevent the operation of an amendment to existing buildings or premises do not apply, and the expenditures made and obligations incurred by the respondent in reliance upon the permit in question were insufficient to give it a vested right to erect the building in question in violation of the amendment.”

Order in each case affirmed, with costs;