Thomson Industries, Inc. v. Incorporated Village of Port Washington North

Benjamik, J. (dissenting).

This action for a declaratory judgment is far-reaching in its economic and sociological impact. It raises the question of whether local communities, however proud and insular they may desire to be, can impede the expanding use of corporate aviation by unduly restricting the landing of helicopters within their boundaries.

The Village of Port Washington North is a small one. Its northern half is predominantly zoned for residential use. Most of the southern half is zoned Economic Development, but contains several small Business and Residence districts. Virtually…