Harbison v. City of Buffalo

In 1924, Andrew Harbison, Sr. (plaintiff) purchased land in the city of Buffalo (defendant) to build a cooperage. The city had not yet zoned the land, but existing nearby uses included a dump and a glue factory. Initially, Harbison’s business made wooden barrels, but over time it shifted to reconditioning used steel drums, storing about 700 drums stacked 10 feet high outside. In 1926, the city zoned the property for residential use. From 1936 to 1956, Harbison obtained a junk-dealer license and continued the business. Meanwhile the dump and glue factory disappeared, and residential neighbors moved in who found the barrel-yard objectionable. The city amended its zoning ordinances to phase out nonconforming uses over a three-year period. After three years, the city sent Harbison a letter notifying him to cease operations and refused to reissue his license. Harbison sued the city, demanding it issue the license. The trial and appellate courts agreed with Harbison, finding the ordinances unconstitutionally invalid. The city appealed on three arguments: First, Harbison’s nonconforming use was not lawful when the city zoned the property because reconditioning barrels did not qualify as operating a junk shop. Second, Harbison was not entitled to a peremptory license because he had a picket fence, instead of the solid fence the ordinance required. Third, the city claimed its phase-out amendment was a valid exercise of police power.