Vernon Park Realty, Inc. v. City of Mount Vernon

I cannot agree that the zoning ordinance of the City of Mount Vernon here under attack is unconstitutional.

A zoning ordinance is confiscatory and, hence, unconstitutional only when it “ so restricts the use of property that it cannot be used for any reasonable purpose ” (Arverne Bay Constr. Co. v. Thatcher, 278 N. Y. 222, 232) or when it restricts it “ to a use for which the property is not adapted ”. (Dowsey v. Village of Kensington, 257 N. Y. 221, 231.) But, if “ the validity of the legislative classification for zoning purposes be fairly debatable, the legislative judgment must be allowed…