Supreme Court, Appellate Division, Second Department, New York.
Julius BARNATHAN et al., Appellants,
v.
GARDEN CITY PARK WATER DISTRICT et al., Respondents.
June 29, 1964.
  Action by abutting property owners to restrain construction of water storage 
tank by water district. The Supreme Court, Nassau County, Theodore Velsor, J., 
denied motion for temporary injunction and appeal was taken. The Supreme Court, 
Appellate Division, held that owners failed to show special damage or injury 
entitling them to injunction.
  Affirmed.
West Headnotes
[1] Zoning and Planning  781
414k781 Most Cited Cases
Individual property owners may not maintain suit for injunction to restrain 
alleged violation of zoning ordinance, in absence of showing of special damage 
or injury occasioned thereby.
[2] Zoning and Planning  781
414k781 Most Cited Cases
Abutting property owners seeking injunction to restrain construction of water 
storage tank by defendant water district in replacement of then existing water 
tank of lesser capacity in exactly same location failed to show special damage 
or injury entitling them to injunction.
[3] Zoning and Planning  440.1
414k440.1 Most Cited Cases
(Formerly 414k440)
Taking of appeal by property owners to town zoning board of appeals from 
issuance of permit by manager of town building department did not operate as 
stay of construction.  Town Law, §  267, subd. 4.
  **707 Dreyer & Traub, Brooklyn, for appellant; Samuel Kirschenbaum, Brooklyn, 
of counsel
  David Holman, Mineola, for respondent; Paul E. Fusco, Mineola, of counsel.
  Before BELDOCK, P. J., and UGHETTA, HILL, RABIN and HOPKINS, JJ.
  MEMORANDUM BY THE COURT.
  *832 In an action by abutting property owners to restrain construction of a 
water storage tank by defendant Garden City Park Water District pursuant to a 
duly issued permit, the plaintiffs appeal from an order of the Supreme Court, 
Nassau County, dated April 21, 1964, which denied their motion for a temporary 
injunction.
  Order affirmed, without costs.
 [1][2] Plaintiffs claim that the permit for construction of the water tank was 
issued in violation of the provisions of the Building Zone Ordinance of the Town 
of North Hempstead. Individual property owners may not maintain a suit for an 
injunction to restrain an alleged violation of an ordinance, in the absence of a 
showing of special damage or injury occasioned thereby. Plaintiffs have not 
shown such special damage or injury. The water tank under construction is merely 
a replacement of a presently existing water tank of lesser capacity in exactly 
the same location.
 [3] The taking of the appeal by plaintiffs to the Town Board of Zoning and 
Appeals from the issuance of the permit by the manager of the Town Building 
Department did not operate as a stay of construction under the statute (Town 
Law, §  267, subd. 4).
251 N.Y.S.2d 706, 21 A.D.2d 832
END OF DOCUMENT
Supreme Court, Appellate Division, Second Department, New York.
Julius BARNATHAN et al., Appellants,v.GARDEN CITY PARK WATER DISTRICT et al., Respondents.

June 29, 1964.

  Action by abutting property owners to restrain construction of water storage tank by water district. The Supreme Court, Nassau County, Theodore Velsor, J., denied motion for temporary injunction and appeal was taken. The Supreme Court, Appellate Division, held that owners failed to show special damage or injury entitling them to injunction.
  Affirmed.

West Headnotes
[1] Zoning and Planning  781414k781 Most Cited Cases
Individual property owners may not maintain suit for injunction to restrain alleged violation of zoning ordinance, in absence of showing of special damage or injury occasioned thereby.
[2] Zoning and Planning  781414k781 Most Cited Cases
Abutting property owners seeking injunction to restrain construction of water storage tank by defendant water district in replacement of then existing water tank of lesser capacity in exactly same location failed to show special damage or injury entitling them to injunction.
[3] Zoning and Planning  440.1414k440.1 Most Cited Cases (Formerly 414k440)
Taking of appeal by property owners to town zoning board of appeals from issuance of permit by manager of town building department did not operate as stay of construction.  Town Law, §  267, subd. 4.  **707 Dreyer & Traub, Brooklyn, for appellant; Samuel Kirschenbaum, Brooklyn, of counsel
  David Holman, Mineola, for respondent; Paul E. Fusco, Mineola, of counsel.

  Before BELDOCK, P. J., and UGHETTA, HILL, RABIN and HOPKINS, JJ.

  MEMORANDUM BY THE COURT.
  *832 In an action by abutting property owners to restrain construction of a water storage tank by defendant Garden City Park Water District pursuant to a duly issued permit, the plaintiffs appeal from an order of the Supreme Court, Nassau County, dated April 21, 1964, which denied their motion for a temporary injunction.
  Order affirmed, without costs.
 [1][2] Plaintiffs claim that the permit for construction of the water tank was issued in violation of the provisions of the Building Zone Ordinance of the Town of North Hempstead. Individual property owners may not maintain a suit for an injunction to restrain an alleged violation of an ordinance, in the absence of a showing of special damage or injury occasioned thereby. Plaintiffs have not shown such special damage or injury. The water tank under construction is merely a replacement of a presently existing water tank of lesser capacity in exactly the same location.
 [3] The taking of the appeal by plaintiffs to the Town Board of Zoning and Appeals from the issuance of the permit by the manager of the Town Building Department did not operate as a stay of construction under the statute (Town Law, §  267, subd. 4).
251 N.Y.S.2d 706, 21 A.D.2d 832
END OF DOCUMENT