ORIENTAL BLVD. CO. v. HELLER


27 N.Y.2d 212 (1970)

Oriental Boulevard Company et al., Appellants, v. Austin N. Heller, as Commissioner of the Department of Air Pollution Control of the City of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided November 12, 1970.


Attorney(s) appearing for the Case

Dreyer & Traub (Manuel Taxel of counsel), for Oriental Boulevard Company and another, appellants, and others, intervenors-appellants.

Abraham Engelman and Jacob W. Friedman for The Greenwich Company and others, intervenors-appellants.

J. Lee Rankin, Corporation Counsel (Milton Weinberg, Stephen M. Clayton, Edward P. Walla and Neil F. Murphy of counsel), for respondents.

Harold J. Treanor and William F. Treanor for The Real Estate Board of New York, Inc., amicus curiae.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, JASEN and GIBSON concur.


BREITEL, J.

Plaintiffs question the power of the City of New York to regulate by a particular local ordinance the use of fuel burners and refuse incinerators to control the emission of aerial pollutants. The original plaintiffs and several hundred intervenors, all apartment house owners, sought a declaratory judgment to annul and enjoin enforcement of the ordinance on the ground of its unconstitutionality. Special...

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