PROF'L PARK v. BEDFORD


60 N.Y.2d 492 (1983)

Northern Westchester Professional Park Associates, Appellant, v. Town of Bedford, Respondent.

Court of Appeals of the State of New York.

Decided December 20, 1983.


Attorney(s) appearing for the Case

Stuart R. Shamberg and Robert F. Davis for appellant.

James F. Donohue, Town Attorney (Henry J. Smith and James G. Fine of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, SIMONS and KAYE concur.


MEYER, J.

In an action to have a zoning ordinance declared unconstitutional as applied to plaintiff's property, the issue is not whether other zoning would be appropriate or whether the property is zoned for its highest and best use but whether the existing zoning classification deprives the owner of any use to which it is reasonably adapted. To be successful in such an action, the property owner must overcome...

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