Town of Somers v. Joseph M. Camarco

Summary

The New York Court of Appeals held that the 1952‑53 amendments to the Town of Somers zoning ordinance that eliminated protection for the defendants' sand and gravel "Natural Products" use were unconstitutional as applied, affirming the lower court's judgment. The court reasoned that the amendments unreasonably deprived the defendants of a vested non‑conforming use, which is protected unless the loss is slight. Justice Fulo dissented, arguing that limiting excavation to five acres is a reasonable exercise of police power and only the removal‑of‑structures provision should be struck.