Curtiss-Wright Corp. v. Village of Garden City

In an action for a declaratory judgment that a zoning ordinance of the defendant village is void as to plaintiff because (1) plaintiff had a nonconforming use pre-existing the enactment of the ordinance, and (2) the ordinance is unconstitutional as confiscatory of its property, judgment was entered in favor of the plaintiff. Judgment reversed on the law and the facts, with costs, and the complaint- dismissed on the law, with costs. The finding that plaintiff had not abandoned the nonconforming use of the property involved is against the weight of the evidence. At the time of the commencement…