Berger v. City of New York

In an action to declare unconstitutional a zoning ordinance insofar as it restricts the use of plaintiff's property to residential purposes, defendants appeal from a judgment, rendered after trial, adjudging the ordinance to be unconstitutional. Judgment reversed on the law and on the facts, without costs, and judgment directed to be entered dismissing the complaint on the merits, without costs. Whether plaintiff’s property is suitable for a conforming use is fairly debatable. Under such circumstances the judgment of the local legislative body must be allowed to prevail. (Shepard v. Village…