In the Matter of Max Wulfsohn, Appellant v. John Burden, as Inspector of Buildings of the City of Mount Vernon…

Summary

The New York Court of Appeals affirmed the lower court's order, holding that Mount Vernon’s zoning ordinances—including the exclusion of large apartment houses, the height and setback requirements, and open‑space provisions—are a valid exercise of the city’s police power and not unconstitutional. The court reasoned that the ordinances are reasonable, serve legitimate public health, safety, and welfare purposes, and therefore the appellant’s mandamus petition was denied.