[Download] "Reformed Church Mile Square Et Al. v. City Yonkers" by Supreme Court of New York * eBook PDF Kindle ePub Free
eBook details
- Title: Reformed Church Mile Square Et Al. v. City Yonkers
- Author : Supreme Court of New York
- Release Date : January 27, 1959
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
[8 A.D.2d 639 Page 639] Action for a judgment declaring that an amendment to the Building Zone Ordinance of the City of Yonkers in March, 1958,
rezoning defendant's property, is invalid as "Spot zoning", and for other relief. Defendant City of Yonkers appeals from so
much of an order as granted plaintiffs' motion to examine it before trial, and plaintiffs appeal from so much of said order
as denied their motion and from the refusal to sign their proposed order. Order modified (1) by striking from subdivision
"4" of the first ordering paragraph everything following the work "are" and by substituting therefor the word "stricken",
and (2) by striking from subdivision "6" of said paragraph everything following the word "is" and by substituting therefor
the word "stricken". As so modified, order affirmed, without costs. An examination before trial as to motives inducing legislative
action is improper (cf. Kittinger v. Buffalo Traction Co., 160 N. Y. 377, 387; Homefield Assn. of Yonkers, N. Y. v. Frank,
273 App. Div. 788, affd. 298 N. Y. 524), and in our opinion subdivisions "4" and "6" permit such an inquiry. However, while
there may not be an examination [8 A.D.2d 639 Page 640]