Clark v. Village of Woodmere

The defendant-village appeals from a declaratory judgment that the plaintiff-landowner may build a residence on a plot consisting of two adjoining parcels. In so ruling, the trial court held that the village’s zoning ordinances unconstitutionally restricted the minimum area and width for this residential property. The landowner failed to present sufficient evidence to support that conclusion, so we reverse and dismiss the action.

The trial evidence consisted of (a) brief testimony by the plaintiff-landowner, (b) the village’s zoning map and zoning ordinances, and (c) minutes from village…