Village of Mill Neck v. Nolan

In our opinion, the Zoning Ordinance of the plaintiff was not adopted in conformity with the provisions of the statute (Village Law, §§ 178, 179, added by Laws of 1923, chap. 564), in that substantial changes and amendments were made by the board of trustees subsequent to the public hearing held upon the proposed ordinance and without any new public hearing, upon such changes and amendments. The said ordinance is, therefore, void.

But if it be assumed that the ordinance is valid, it is undisputed that the defendant’s property was devoted to a business use before the adoption of the ordinance,…