KNICKERBOCKER ICE CO. v. SPRAGUE


4 F.Supp. 499 (1933)

KNICKERBOCKER ICE CO. v. SPRAGUE et al. (VON HENSLER et al., Interveners).

District Court, S. D. New York.

August 24, 1933.


Attorney(s) appearing for the Case

Dunnington, Gregg & Church, of New York City (Walter G. Dunnington and Theo. J. Miller, both of New York City, of counsel), for complainant.

Whitman, Ransom, Coulson & Goetz and George W. Hinckley, all of New York City (William L. Ransom, George W. Hinckley, and Edwin D. Kyle, Jr., all of New York City, of counsel), for Talbert W. Sprague and others.

John F. Condon, Jr., of New York City (Spier Whitaker, Edwin K. Bertine, and John F. Condon, Jr., all of New York City, of counsel), for G. B. Von Hensler and Clovelly Extension, Inc.

John J. Fogarty, of New York City, for Metropolis Brewing Co., Inc.


PATTERSON, District Judge.

The plaintiff owns a plot of land and building in the village of Pelham, Westchester county, and brings suit in equity to enjoin the village officers from enforcing a zoning ordinance and from refusing to issue a building permit. The refusal to issue the permit was on the ground that the proposed alterations to the building are for the operation of a brewery in alleged violation of the zoning ordinance of the village. The matter comes up...

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