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VERNON PARK REALTY v. CITY OF MOUNT VERNON

307 N.Y. 493 (1954)

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

Court of Appeals of the State of New York.

Decided July 14, 1954

Attorney(s) appearing for the Case

Harry Zimmerman, Corporation Counsel (William Macy of counsel), for appellant.

J. Robert Bleakley, William F. Bleakley and John F. Minicus for respondent.

LEWIS, Ch. J., CONWAY, DESMOND, FROESSEL and VAN VOORHIS, JJ., concur with DYE, J.; FULD, J., dissents in opinion.

DYE, J.

The City of Mount Vernon appeals as of right on constitutional grounds from a judgment declaring invalid and void, insofar as they affect the plaintiff's property, the City Zoning Ordinance and Zoning Map of the City of Mount Vernon, enacted and adopted March 22, 1927, as amended March 9, 1949, and the amendment thereto, chapter 4A, enacted and adopted January 16, 1952.

The subject premises are known locally...

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