AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

PONDFIELD ROAD COMPANY, INC., et al., Appellants-Respondents, v. VILLAGE OF BRONXVILLE et al., Respondents-Appellants.

Action for a judgment declaring that amendments, dated May 18, 1953, to article 9 of the Village of Bronxville Building Zone Ordinance, are invalid as confiscatory of plaintiffs' property and as an unreasonable exercise of the police power. The specific provision attacked, but which is to be considered in conjunction with other provisions, limits the floor area in a business building to one and one-half times the area of the lot. Plaintiffs appeal from the judgment entered after trial, insofar as it dismisses the amended complaint and defendants appeal therefrom, insofar as it denies their motion to reopen the trial for the purpose of introducing additional evidence. Judgment unanimously affirmed, without costs. The ordinance under attack sufficiently provides that hardship such as that claimed by plaintiffs may be avoided or mitigated by a special variation. ( Dowsey v. Village of Kensington, 257 N.Y. 221, 226; Arverne Bay Constr. Co. v. Thatcher, 278 N.Y. 222, 226.) Such a variation, granted by the local board of appeals, has been confirmed by this court. (See Matter of Village of Bronxville v. Francis, 1 A.D.2d 236.)

Use AI to get other relevant cases.

Comments

PONDFIELD ROAD CO. v. VILLAGE OF BRONXVILLE
(Mar 12, 1956)