Harbison v. City of Buffalo
Court of Appeals of the State of New York
152 N.E.2d 42 (1958)
Andrew Harbison, Sr. (plaintiff) began a barrel-making, later steel-drum-reconditioning, business on land purchased in 1924, before the City of Buffalo (defendant) zoned it residential in 1926; he continued operating for decades under a junk-dealer license as surrounding uses shifted to residential and neighbors grew to object. The city later amended its zoning ordinance to phase out nonconforming uses over a three-year period, then refused to renew Harbison's license, prompting Harbison to sue for reinstatement. The trial and appellate courts found the phase-out ordinance unconstitutionally invalid, and the city appealed on three grounds: that Harbison's use wasn't lawfully nonconforming to begin with, that a fence-type technicality justified denying the license, and that the phase-out was a valid exercise of police power.
Whether zoning ordinances that phase out existing, previously lawful business uses are constitutionally valid if they allow a reasonable amortization period for owners to recoup their investments.