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.