[Download] "Northern Westchester Professional Park Associates v. Town Bedford" by Court of Appeals of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Northern Westchester Professional Park Associates v. Town Bedford
- Author : Court of Appeals of New York
- Release Date : January 20, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 76 KB
Description
In an action to have a zoning ordinance declared unconstitutional as applied to plaintiffs property, the issue is not whether other zoning would be appropriate or whether the property is zoned for its highest and best use but whether the existing zoning classification deprives the owner of any use to which it is reasonably adapted. To be successful in such an action, the property owner must overcome the presumption of constitutionality of the ordinance by establishing beyond a reasonable doubt that he cannot obtain a reasonable return on the property under any of the uses, other than public or quasi-public uses, permitted by the ordinance. Because plaintiffs proof was insufficient, under that standard, to establish that the present zoning of plaintiffs property is confiscatory, the order of the Appellate Division should be affirmed, with costs.