Reference no: EM131391018
In adjoining locations along one side of a single suburban village block, Barker operated a retail bakery; Davidson, a drugstore; Farrell, a food store; Gibson, a gift shop; and Harper, a hardware store.
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. A zoning ordinance with the usual provisions was adopted by the village, and the area including the five stores was declared to be a ‘‘residential district for single-family dwellings.''
Thereafter, Barker tore down the frame building that 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 on the drugstore to extend it to the rear alley. Farrell's building was destroyed by fire, and he started to reconstruct it to restore 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 commission 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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