Harbison v. City Of Buffalo

152 N.E.2d 42 (1958)

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Nature of the Case

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Facts

P purchased property in D and erected a 30- by 40-foot-frame building thereon, and commenced operating a cooperage business. P now reconditions, cleans and paints 'used' steel drums or barrels. They are stacked to a height of about 10 feet in the yard, and on an average day, about 600 or 700 barrels are stored there. At first, the street upon which it was located was an unpaved extension of an existing street, D operated a dump in the area, and there was a glue factory in the vicinity. Things have changed dramatically. Residences are now on both sides of Ps' property and across the street. Since 1926, the land has been zoned for residential use; and it is presently in an 'R3' dwelling district. Ps had an existing nonconforming use. Ps applied for and received a license to carry on their business. Licenses were obtained by Ps every year from 1936 through the fiscal year of 1956. D passed a new ordinance. D sent a letter to P to discontinue their operation. P then brought an article 78 proceeding in the nature of mandamus in which they sought an order directing the city to issue a wholesale junk license to them, and the lower courts sustained them. D appealed.