McNARY v. AIRPORT DRIVE-IN THEATRE, INC.


281 A.D. 1002 (1953)

Thomas W. McNary et al., Appellants, v. Airport Drive-In Theatre, Inc., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

April 6, 1953.


The action was brought to enjoin the corporate defendant from constructing a drive-in theatre in the town of Cortlandville, it being alleged that such a theatre would violate the zoning ordinance of the town adopted on September 25, 1951. The Trial Justice held that, prior to the adoption of the ordinance, the corporate defendant had "proceeded in good faith with its project to a point where vested property rights were acquired...

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