Legal Opinion
Northern Westchester Professional Park Associates v. Town of Bedford
New York Court of Appeals
Decided December 20, 1983PublishedCited by 1,056 opinions
1Opinion of the Court
OPINION OF THE COURT
Meyer, J.
In an action to have a zoning ordinance declared unconstitutional as applied to plaintiff’s property, the issue is not whether other zoning would be appropriate or whether the property is zoned for its highest and best use but whether the existing zoning classification deprives the owner of any use to which it is reasonably adapted. To be successful in such an action, the property owner must overcome the presumption of constitutionality of the ordinance by establishing beyond a reasonable doubt that he cannot obtain a reasonable return on the property under any of…
2Cases cited36 opinions
- Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
- Cohen v. Hallmark Cards, Inc.New York Court of Appeals · 1978
- People Ex Rel. MacCracken v. MillerNew York Court of Appeals · 1943
- Arverne Bay Construction Co. v. ThatcherNew York Court of Appeals · 1938
- Bernardine v. City of New YorkNew York Court of Appeals · 1945
31 more not listed; retrieve them via the Exa API.
3Cited by1,056 opinions
- Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
- Majauskas v. MajauskasNew York Court of Appeals · 1984
- Town of Orangetown v. MageeNew York Court of Appeals · 1996
- Trudy-Ann W. v. Joan W.Appellate Division of the Supreme Court of the State of New York · 2010
- Honore de St. Aubin v. FlackeNew York Court of Appeals · 1986
1,051 more not listed; retrieve them via the Exa API.