Quimbee logo
DMCA.com Protection Status

Arverne Bay Construction Co. v. Thatcher

278 N.Y. 222, 15 N.E.2d 587 (1938)

Case BriefRelatedOptions
From our private database of 28,700+ case briefs...

Arverne Bay Construction Co. v. Thatcher

New York Court of Appeals

278 N.Y. 222, 15 N.E.2d 587 (1938)

Facts

Arverne Bay Construction Co. (Arverne) (plaintiff) owned a vacant lot north of Linden Boulevard in Brooklyn. Until 1928, the lot was in a district that was an unrestricted zone under New York City’s (defendant) zoning resolution. The district was largely undeveloped, and there had been no building construction for many years. However, after 1928, an amendment to the ordinance changed the district to a residential zone. This prohibited Arverne from using the lot as a gas station. Arverne claimed that the ordinance imposed an unnecessary hardship because its property could not be used properly or profitably in a residential zone. Arverne’s property was located near a city-operated incinerator and a sewage drain, which both emitted strong odors and fumes that made the property unsuitable for residential use. Arverne appealed and sought a variance to permit it to use the property for a gasoline station. The application was denied and sustained on appeal. In 1936, Arverne sued, arguing that the restrictions of the zoning ordinance were unconstitutional because they deprived Arverne of its property without due process of law, and sought a variance permitting for the gasoline station. The district court found in favor of Arverne that the ordinance was invalid, but the city appealed, and the court of appeals found in favor of the city. Arverne appealed.

Rule of Law

Issue

Holding and Reasoning (Lehman, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 546,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 546,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 28,700 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 546,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 28,700 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership