Appellate Division of the Supreme Court of New York, 1976

Burger King Corp. v. Village of Larchmont

Burger King Corp. v. Village of Larchmont
Appellate Division of the Supreme Court of New York · Decided May 17, 1976
52 A.D.2d 898; 384 N.Y.S.2d 1015; 1976 N.Y. App. Div. LEXIS 12741
Burger King Corp. v. Village of Larchmont

Opinion of the Court

Judgment of the Supreme Court, Westchester County, entered June 30, 1975, affirmed, with one bill of costs to plaintiff Venerose. We agree with Special Term that the plaintiffs sustained their burden of proving that the amended zoning ordinance in question is unconstitutional and confiscatory as applied to their property (see Williams v Town of Oyster Bay, 32 NY2d 78, 81-82). Cohalan, Acting P. J., Margett, Damiani, Rabin and Shapiro, JJ., concur.

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