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

Summary

The New York Court of Appeals reversed the Appellate Division and remanded for a trial on material facts, holding that the City of Buffalo's ordinance requiring termination of a pre‑existing nonconforming junk‑yard use within three years is not per se unconstitutional but its application here requires a factual determination of reasonableness. The court noted that while nonconforming uses are generally protected, a reasonable amortization period may be imposed, and the record was insufficient to decide whether the three‑year period was reasonable. The dissent argued that the traditional rule protecting nonconforming uses should not be abrogated.