New York Court of Appeals

Catherine Williams v. Town of Oyster Bay

March 21, 197332 N.Y.2d 78

Summary

The New York Court of Appeals affirmed the Appellate Division's reversal, holding that the Village of Oyster Bay Building Zone Ordinance, as applied to the Williams' property, is not unconstitutional. The plaintiffs failed to meet the burden of showing the ordinance was confiscatory because they did not demonstrate a lack of reasonable return or unique circumstances. The Court therefore concluded that the proper remedy is a special exception rather than a constitutional declaration.