ABSTRACT

The property here involved consists of 123 acres located in Bedford Village, which is in the Katonah section of the town. While the argument is no. sound even as related to safety and traffic, as we shall demonstrate, it is necessary to point out that the municipal zoning viewpoint in adopting this zone scheme was somewhat more comprehensive than as assumed by plaintiffs. Also it should be noted that constitutional issues sufficient in the early development of a new area for such appeal purposes may become so settled through the course of judicial decisions as one day to become no longer worthy of a second review without leave. We have difficulty because the question presented by ordinarily brief motion papers may not be determinable without a full study of the briefs and the entire appendix.