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PEOPLE STATE NEW YORK v. HIRAM DEEKS (12/12/69)

NEW YORK SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT


December 12, 1969

THE PEOPLE OF THE STATE OF NEW YORK, APPELLANT,
v.
HIRAM DEEKS, RESPONDENT

Appeal (1) from an order and judgment of the Police Justice Court of the Incorporated Village of Sea Cliff, Nassau County (Skinner, Acting J.), entered November 25, 1968, which (a) adjudged as unconstitutional a regulation which purported to implement an ordinance against keeping bees or apiaries without permission of the village Board of Trustees, by requiring that permission be obtained "from all residents living within 200 feet of the outer extremities of the applicant's property", and (b) which dismissed an information charging that defendant kept bees without obtaining the permission of all such residents.

Concur -- Hogan, P. J., Gulotta and Glickman, JJ.

Author: Per Curiam

The requirement of the ordinance that 100% of the residents living within 200 feet of the "outer extremities of applicant's property" must consent to the proposed use was an unconstitutional grant of power, since the capricious exercise of a negative vote by one resident could defeat the application.

The order and judgment dismissing information should be unanimously affirmed.

Order and judgment affirmed.

Disposition

Order and judgment affirmed.

19691212

© 1998 VersusLaw Inc.



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