THOMSON INDUS., INC. v. INC. VILL. OF PORT WASHINGTON N.


27 N.Y.2d 537 (1970)

Thomson Industries, Inc., Appellant, v. Incorporated Village of Port Washington North, Respondent.

Court of Appeals of the State of New York.

Decided May 14, 1970.


Attorney(s) appearing for the Case

Arden H. Rathkopf for appellant.

Eugene T. Cullen and Richard D. Longworth for respondent.

Chief Judge FULD and Judges BURKE, BERGAN and GIBSON concur; Judges SCILEPPI, BREITEL and JASEN concur in result upon the grounds stated in the opinion at the Appellate Division.


MEMORANDUM.

The order of the Appellate Division should be affirmed. Section 1 of article VIII-A of respondent village's zoning ordinance prohibits a "heliport" as a use in the industrial "A" district in which appellant's property is located. The Appellate Division held that as "Fairly construed, the ordinance prohibits the activities which plaintiff's operations would necessarily entail." It is clear, however, that the ordinance...

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