MATTER OF HAYES v. CITY OF YONKERS


1 A.D.2d 1031 (1956)

In the Matter of John L. Hayes, Appellant, v. City of Yonkers et al., Respondents

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

May 21, 1956


Order unanimously affirmed, without costs.

There is no evidence that the ordinance in question deprives the owner of the beneficial use of the land, nor any showing of such urgent business need as to render unsuitable and unprofitable use of the property for residence purposes. There is no showing by competent testimony of such reduction in value of the land as to constitute confiscation; nor is there any evidence of discrimination. The question involved is a debatable...

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