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VERNON PARK REALTY, INC. v. CITY OF MOUNT VERNON

282 A.D. 890 (1953)

Vernon Park Realty, Inc., Respondent, v. City of Mount Vernon, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 19, 1953.

Judgment unanimously affirmed, with costs.

On the facts presented, the restrictions on the use of plaintiff's property, imposed by the 1927 ordinance and the 1952 amendment, were so unreasonable and arbitrary as to constitute a taking of plaintiff's property; and the zoning ordinance and the amendment were properly held unconstitutional and void insofar as they affected plaintiff's premises. (Rockdale Constr. Corp. v. Incorporated Vil. of Cedarhurst,

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