Scarpati v. Feriola

The facts are undisputed.

On July 6, 1953 the owners of a parcel of land on the southeast corner of Bronxville and Tuckahoe Boads in Yonkers filed plans for the erection of a 72-family, 6-story apartment building. The zoning ordinance then in effect placed this property in an “ A-2 ’ ’ district, wherein high density apartment houses were a permitted use.

On September 14, 1953 a new zoning ordinance (The City of Yonkers, N. Y., Zoning Ordinance of 1953) was enacted, effective November 15, 1953, changing the district in which the property is located to ‘ ‘ MG ’ ’, wherein the proposed use is not…