New York Court of Appeals

City of Yonkers v. Rentways, Inc., and Devonshire Lane Service, Inc.

December 5, 1952304 N.Y. 499

Summary

The New York Court of Appeals affirmed the City of Yonkers' injunction prohibiting the defendants from using a residential lot as an access point and parking area for a garage. The court held that such use is a regulable part of a trade or industry, does not constitute an unconstitutional taking, and is not protected as a nonconforming use because it began after the zoning ordinance took effect.