Opinions of the City Attorney of San Francisco 1962 Pt.1

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(U.S. Constitution, 5th and l4th Amendments ^ California Constitution, Sec. 14, Article I.) In Vernon Park Realty, Inc. v. City of Mount Vernon , 122 N.Y.S. 2d 78 (1953); Affd. 282 App. Dlv. 8>0, 125 N.Y.S. 2d 112; Affd. 121 N.E. 2d 517 (195^), where the municipality sought by a zoning ordinance to restrict the use of unimproved property to parking and to prohibit its use for business and commercial purposes, the Court held the ordinance unconstitutional. The Court on appeal said in 121 N.E. 2d...: "The city justifies the ordinance and its amendment by reason of the congested traffic and parking conditions now existing in Mount Vernon which, it says, have become so acute as to reach a strangulation point. However com- pelling and acute the community traffic problem OPINION NO. 62-26 May 16, l'>62 Page 3 may be, its solution does not lie In placing an undue and uncompensated burden on the individual o\mer of a single parcel of land in the guise of regulation, even for a public purpose. True it is that for a long time the land has been devoted to parking, a non-conforming use, but it does not follow that an ordinance prohibiting any other use is a reasonable exercise of the police povfer.

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