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DILLIARD v. VILL. OF NORTH HILLS

276 A.D. 969 (1950)

Margaret Dilliard et al., Respondents, v. Village of North Hills, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 14, 1950.

In the light of the location and character of the village, it was within defendant's legislative province to determine, in the absence of proof of superior public need (Euclid v. Ambler Realty Co., 272 U.S. 365, 390), that the two-acre restriction is justifiable as an elastic application of police power (Simon v. Needham, 311 Mass. 560; Matter of Wulfsohn v. Burden, 241 N.Y. 288; Euclid v. Ambler Realty Co., supra...

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