In the Matter of Andrew Harbison, Sr., Respondents, Against City of Buffalo, Appellants

Summary

The Court reversed the Appellate Division, holding that the City of Buffalo's ordinance requiring termination of the petitioners' nonconforming junk‑yard use after three years is not facially unconstitutional but its reasonableness must be determined on the facts; the case is remanded for further fact‑finding. Justice Van Voorhis dissented, arguing that the ordinance should be struck down as a violation of established constitutional protection of nonconforming uses.