Barker operated a retail bakery, Davidson a drugstore, Farrell a food store, Gibson a gift shop, and

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Barker operated a retail bakery, Davidson a drugstore, Farrell a food store, Gibson a gift shop, and Harper a hardware store in adjoining locations along one side of a single suburban village block. As the population grew, the business section developed at the other end of the village, and the establishments of Barker, Davidson, Farrell, Gibson, and Harper were surrounded for at least a mile in each direction solely by residences. The village adopted a typical zoning ordinance, the provisions of which declared the area including the five stores to be a ‘‘residential district for single-family dwellings.’’ Thereafter, Barker tore down the frame building which housed the bakery and began to construct a modern brick bakery. Davidson found her business increasing to such an extent that she began to build an addition that would extend the drugstore to the rear alley. Farrell’s building was destroyed by fire, and he started to reconstruct it with the intention of restoring it to its former condition. Gibson changed the gift shop into a sporting goods store and after six months of operation decided to go back into the gift shop business. Harper sold his hardware store to Hempstead. The village building commissioner brings an action under the zoning ordinance to enjoin the construction work of Barker, Davidson, and Farrell and to enjoin the carrying on of any business by Gibson and Hempstead. Assume the ordinance is valid. What result?

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Smith and Roberson Business Law

ISBN: 978-0538473637

15th Edition

Authors: Richard A. Mann, Barry S. Roberts

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