Junar Construction Co. v. Town Board

This declaratory judgment action illustrates one of the profound yet subtle changes wrought in the law of zoning by the Court of Appeals’ decision in Matter of Fulling v. Palumbo (21 N Y 2d 30). Though “ Legislative enactments are presumed to be constitutional * * # [and] unconstitutionality must be demonstrated beyond a reasonable doubt ” (Wiggins v. Town of Somers, 4 N Y 2d 215, 218), the showing by a property owner that he will suffer “ significant economic injury ” (21 N Y 2d 33) or “ severe financial loss ” (21 N Y 2d 34) by the application of an area standard ordinance is, under the…