Opinion
July 10, 1967
In an action to declare unconstitutional a zoning ordinance of the Village of Muttontown, insofar as it affects plaintiff's property, defendants Mayor and trustees of said village appeal from a judgment of the Supreme Court, Nassau County, dated May 25, 1966, which declared that said ordinance was unconstitutional insofar as it applied to plaintiff's property. Judgment reversed on the law and the facts, without costs, and judgment granted for defendants, without costs, declaring that said ordinance is constitutional as applied to plaintiff's property. On this record, it is our opinion that plaintiff has not sustained his burden of establishing that his property is not reasonably adaptable to any use for which it is zoned. At very most, he has established only that his property would be worth more if differently zoned. That, alone, is insufficient to overcome the presumption that the zoning ordinance is valid, or to justify its invalidation ( Levitt v. Incorporated Vil. of Sands Point, 6 N.Y.2d 269, 273; Matter of Setauket Development Corp. v. Romeo, 18 A.D.2d 825; Fitzgerald v. Town of Oyster Bay, 13 A.D.2d 979; Ulmer Park Realty Co. v. City of New York, 270 App. Div. 1044, affd. 297 N.Y. 788). Rabin, Acting P.J., Hopkins, Benjamin, Munder and Nolan, JJ., concur. [ 50 Misc.2d 533.]