Cunney v. Bd. of Trs. of Vill. of Grand View

In an appeal from a judgment of the district court dismissing plaintiff’s challenge to a zoning ordinance which, in order to preserve the remaining views of a portion of the Hudson River, prohibits the building of structures that rise more than a certain height, judgment is: 1) reversed where the ordinance is unconstitutionally vague as applied to plaintiff’s property because it provides inadequate notice of the elevation point and because it authorizes arbitrary and discriminatory enforcement; but 2) otherwise affirmed.