Chusud Realty v. VIL. OF KENSINGTON

Hays, Sklar & Herzberg (Jack Korshin of counsel), for plaintiff. Sprague, Stern, Aspland, Dwyer & Tobin (Henry Root Stern, Jr., of counsel), for defendants. BERNARD S. MEYER, J. Involved in this declaratory judgment action is the constitutionality of the zoning of a three-acre parcel fronting on Middle Neck Road in the Village of Kensington. The parcel is bounded on the north by a six-foot reserve strip which is the northern boundary of the village. It fronts on Middle Neck Road for approximately 554 feet, being bounded on the south by the ornamental wall at the Beverly Road entrance to the village. It is zoned in the Residence District, in which the only permitted uses are for one-family dwellings (including now be denied. Judgment will be granted declaring the present zoning of the property arbitrary and unreasonable. It need hardly be added that the court is not to be understood as having expressed any opinion concerning the use of the property for apartments or stores. Its function is limited to a determination of whether the present zoning of the property is constitutional, not what the zoning should be. Determination of the "most appropriate use of land" is for the Village Board (Village Law, § 177).