Ulmer Park Realty Co. v. City of New York

Judgment declaring unconstitutional the Zoning Resolution of the City of Mew York as applied to plaintiff’s land, reversed on the law and the facts, with costs, and the complaint dismissed on the law, with costs. Plaintiff failéd to overcome the presumption of constitutionality of the resolution. Its proof was insufficient to justify the finding that its land could not reasonably and profitably be used in conformity with the zoning resolution. Proof that the property could be more profitably or more beneficially used for industrial purposes than for residential purposes is not sufficient to…