Gardner v. Le Boeuf

This action seeks a judgment declaring that the Zoning Ordinance of the Village of Old Westbury is unconstitutional insofar as it prohibits business use of plaintiff’s property. The complaint, dismissed under rule 106 of the Rules of Civil Practice at Special Term (14 Misc 2d 98), was held sufficient by the Appellate Division (8 A D 2d 736), and the Court of Appeals dismissed an appeal from that determination (7 N Y 2d 799). The constitutional issues raised are (1) confiscation, in that the property is not reasonably adapted to the use for which zoned and in that the ordinance destroys the…