New York Court of Appeals

In the Matter of Charles O. Eaton, Appellant, Against Edward C. Sweeny, as Commissioner of Public Safety of the City…

July 15, 1931257 N.Y. 176

Summary

The New York Court of Appeals reversed the Appellate Division and Special Term, remanding the case with instructions to issue an alternative mandamus order to resolve factual disputes about the relator's use of his property, finding that the zoning restriction as applied was unreasonable and violated due process.