New York Court of Appeals

Fred F. French Investing Company, Inc. v. City of New York, Appellant-Respondent, and Ramsgate Properties, Inc.

May 4, 197639 N.Y.2d 587

Summary

The New York Court of Appeals affirmed the Appellate Division, holding that the 1972 amendment to the New York City Zoning Resolution creating a Special Park District and rezoning private parks exclusively for public use was an unconstitutional, unreasonable exercise of the police power that violated due process, and therefore no compensation for a taking is due.