[DOWNLOAD] "Town Southeast v. Louise Gonnella Et Al." by Supreme Court of New York # eBook PDF Kindle ePub Free

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eBook details

• Title: Town Southeast v. Louise Gonnella Et Al.
• Author : Supreme Court of New York
• Release Date : January 06, 1966
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

In our opinion, plaintiff has not sufficiently demonstrated that it is entitled to the relief demanded in the complaint. There are here involved questions of law and fact, not fully developed in the record, which must be decided upon trial before the rights of the parties can be settled (cf. Town of Somers v. Camarco Contrs., 24 Misc. 2d 673, affd. 12 A.D.2d 977; Town of Hempstead v. Romano, 33 Misc. 2d 315). Moreover, it cannot be determined from the present record whether the ordinance can be sustained, with respect to defendants property, under the holding and rationale of Town of Hempstead v. Goldblatt (19 Misc. 2d 176, affd. 9 A.D.2d 941, affd. 9 N.Y.2d 101, affd. sub nom. Goldblatt v. Hempstead, 369 U.S. 590), which viewed the ordinance there involved as a "safety" ordinance. It is our further opinion that defendants convictions in 1964 for violation of a prior ordinance, which ordinance was apparently invalid for failure to comply with proper publishing procedures, did not prevent the establishment of a valid, nonconforming use prior to the adoption of the subject ordinance (cf. Town of Greenburgh v. Bobandal Realties, 10 N.Y.2d 414). This being so, an issue is presented as to whether the provision in the ordinance exempting from the effect thereof for a two-year period all "existing excavation and removal operations which were established prior to this Ordinance" is applicable to defendants. There is, therefore, no justification under these circumstances for enjoining pendente lite defendants use of their property in the manner complained of. In the absence of a clear right to the relief demanded, injunctive relief should not be granted until the issues have been fully explored and the entire matter resolved after plenary trial.

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