New York Court of Appeals
Arverne Bay Construction Company, Appellant v. Edwin H. Thatcher, as Commissioner of Buildings of the Borough of…
May 24, 1938278 N.Y. 222
Summary
The New York Court of Appeals held that the zoning ordinance, as applied to the plaintiff's property, unconstitutionally deprives the owner of all reasonable use and therefore constitutes a taking, and affirmed the plaintiff's right to challenge the ordinance despite the denial of a variance.