Thomson Industries, Inc. v. Incorporated Village of Port Washington North

Memorandum. The order of the Appellate Division should be affirmed. Section 1 of article VIII-A of respondent village’s zoning ordinance prohibits a “ heliport ” as a use in the industrial “A” district in which appellant’s property is located. The Appellate Division held that as ‘ ‘ Fairly construed, the ordinance prohibits the activities which plaintiff’s operations would necessarily entail.” It is clear, however, that the ordinance, being in derogation of common-law property rights, must be strictly construed (440 East 102nd St. Corp. v. Murdock, 285 N. Y. 298, 304). A strict construction…