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New York Ex Rel. Rosevale Realty Co. v. Kleinert, 268 U.S. 646 (1925)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
New York Ex Rel. Rosevale Realty Co. v. Kleinert, 268 U.S. 646 (1925)
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New York ex Rel. Rosevale Realty Co. v. Kleinert No. 350 Argued April 29, 1925 Decided June 8, 1925 268 U.S. 646
ERROR TO THE SUPREME COURT
OF THE STATE OF NEW YORK
Syllabus
Under a law authorizing an administrative board to regulate the height, spacing, etc., of buildings thereafter erected in a city, and for such purposes to divide the city into districts and to change the districts from time to time after notice and hearing, a lot on which plaintiff had planned to build was transferred. to a district of greater restrictions incompatible with the plan, and permission was denied for that reason.
Held,
(1) That a judgment refusing relief by mandamus was not reviewable by this Court upon he question whether the substantial provisions of the regulations deprived the plaintiff of his property in violation of the Fourteenth Amendment, the federal question raised in the state court having been limited to the constitutionality of the transfer from the district of lesser to that of greater restriction. P. 650.
(2) That the latter question was not open here, not having been raised by assignments of error nor specified in the brief as required by Rule 21, par. 2, cl.(2). P. 651.
Writ of Error to 237 N.Y. 580; 206 App.Div. 712, 207 id. 828, dismissed.
Error to a judgment of the Supreme Court of New York entered on affirmance and remittitur by the court of appeals, denying a petition for a writ of mandamus.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," New York Ex Rel. Rosevale Realty Co. v. Kleinert, 268 U.S. 646 (1925) in 268 U.S. 646 268 U.S. 647. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=1PGZA826H1HM6W3.
MLA: U.S. Supreme Court. "Syllabus." New York Ex Rel. Rosevale Realty Co. v. Kleinert, 268 U.S. 646 (1925), in 268 U.S. 646, page 268 U.S. 647. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=1PGZA826H1HM6W3.
Harvard: U.S. Supreme Court, 'Syllabus' in New York Ex Rel. Rosevale Realty Co. v. Kleinert, 268 U.S. 646 (1925). cited in 1925, 268 U.S. 646, pp.268 U.S. 647. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=1PGZA826H1HM6W3.
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