United States Supreme Court Cases & Opinions

U.S. Supreme Court

New York ex Rel. Rosevale Realty Co. v. Kleinert, 268 U.S. 646 (1925)

New York ex Rel. Rosevale Realty Co. v. Kleinert

No. 350

Argued April 29, 1925

Decided June 8, 1925

268 U.S. 646

Syllabus

Under a law authorizing an administrative board to regulate the height, spacing, etc., of buildings thereafter erected in a city, and

Page 268 U. S. 647

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. 268 U. S. 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. 268 U. S. 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.