The New York herald., 1921-05-22
ZONE LAW GUARDING
HOMES IS HELD VALID
Supreme Court DEGREES City
Has Right to Halt Encroach-
ment Of Trade.
ASTOR HEIRS DEFEATED
Old Residences Across From
the j. P. Morgan Mansion
We're in Issue.
.AsT0R HEIRS DEFEATED

One OF the longest and bittereet
fights ever waged to level the resi-
Dental restrictions on the frontiers
Of the Murray Hill district ended In
defeat yesterday when Justice George
Y. Mullan handed down a decision in
the Supreme Court denying to the
heirs Of the late Viscount William
Waldorf Astor the right to put UP an
eight and nine story business build
ing on the block front on the west side
of Madison avenue from Thirty fifth
to Thirty-sixth street.
The decision was the more decisive
by reason OF the fact the contested
area was not covered by the IRON
bound private covenants preserving
the interesting old section for dwelling
coming ordinance. Those who have
been carefully watching the long
drawn out fight say it's termination
demonstrates once and for all the abil-
ity Of the Murray Hill Association and
the property owners in it's ranks to
resist the pressure that is forcing
radical changes in so many other
districts hitherto reserved for resi-
Dental purposes.
The bone of contention in the dispute
dences diasonally opposite the J. r..
Morgan mansion, at the northeast corner
OF Madison avenue and Thirty-sixth
street In 1917 Viscount Astor himself
petitioned the Board of Estimate to
change the zoning ordinance so IS to
permit the use of the entire block be-
tween Thirty-fifth and Thirty-sixth
streets for business. Later Viscount AS
tor filed plans for the erection OF the
business building. which was to extend
1876 feet back from the avenue, but the
Superintendent OF Buildings refused to
grant a permit for the construction OF
the building. so Viscount Astor carried
the fight to the Board OF Standards.
That body overruled the decision
OF the Building Superintendent and
gave Viscount Astor permission to
go ahead with his building with certain
notifications In the plans. On behalf
Of the property owners on the east side
of the block and the entire Murray Hill
Association, Edmund L. Bayiies of the
law firm of Carter. Ledyard & Mil
burn obtained a writ of certiorari which
brought the case into the Supreme Court.
When viscount Astor died the fight was
continued By the Farmers Loan and
Trust Company on behalf of the heirs,
who were represented by Henry w. Taft
OF the law firm of Cadwalader, Wicker
sham q Taft
In his opinion Judge Mullan declared
the board merely has authority Ito per-
NIT the extension Of proposed or ex-
isting building, an existing or proposed
building into a more restricted district
under such conditions as will safeguard
the character OF the more restricted
district
Every one continues the opinion,
must know that the residential charac-
ter OF the properties on the east side OF
Madison avenue cannot but be appreci-
ably iessened in desirability for residen-
tial purposes by the construction Of a
business building opposite them on the
west side. md so too. though in lesser
degree. must all the residential proper
ties in that residential district be un-
favorably affected by the conversion OF
the west side Of Madison avenue from a
residence to a business district.
Il hold that the change permitted b.
the Board OF Appeals Is fundamental in
character, that It goes beyond the limit
OF that boards power and that the board
was therefore without Jurisdiction"
This 10 the fourth victory OF its kind
won by the Murray IIill defenders within
the last three weeks The three other
cases involved the properties on the
east side OF Madison avenue between
Thirty eighth and Thirty-ninth streets;
on Lexington avenue between Thirty
ninth and Fortieth streets and on For
tieth street between Madison and Park
avenues.