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CITY OF BUFFALO v. ROADWAY TR. CO.

278 A.D. 69 (1951)

City of Buffalo, Respondent, v. Roadway Transit Company et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

March 20, 1951.

Attorney(s) appearing for the Case

Smith, Miller, Murphy & Roberts for Roadway Transit Co., appellant.

Louis W. Manchester for Alfred B. Dexter, appellant.

Fred C. Maloney, Corporation Counsel (Herbert B. Forbes and Elmer S. Stengel of counsel), for respondent.

Present — TAYLOR, P. J., McCURN, VAUGHAN, KIMBALL and PIPER, JJ.

Per Curiam.

The Zoning Ordinance was adopted by the Common Council of the City of Buffalo on December 16, 1925, and became effective January 16, 1926. We agree with the findings of the Official Referee that prior to January 16, 1926, and thereafter to October 10, 1946, the premises were used for a public garage and that such use was a conforming use in a business district. We disagree with the finding that since October...

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