ZONING - CONSTRUCTION OF ORDINANCE RESTRICTING DISTRICT TO RESIDENCES - ROOMING HOUSE AS BUSINESS

Plaintiff purchased the property in question on January 26, 1934. The property was subject to restrictive covenants, running with the land until January 26, 1930, which prohibited use for "any trade or business whatsoever or any boarding house." On August 18, 1922, a temporary zoning ordinance of the city of Long Beach was adopted to retain the advantages secured by the restrictive covenants. This was followed by a permanent zoning ordinance on July 8, 1930. Under the permanent zoning ordinance the property in question was included in "Residence A" district which was restricted to "a one family detached house for one housekeeping unit only." Plaintiff asked for a judgment declaring that he had the right to use the building on the land for purposes of a rooming and boarding house conducted as a business.

Held three judges dissenting, the relief prayed for should be denied since the zoning ordinance should be construed to prohibit such a use. Baddour v. City of Long Beach, 279 N. Y. 167, 18 N. E. (2d) 18 (1938).