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ELKIND v. CITY OF NEW ROCHELLE

5 Misc.2d 296 (1957)

Dan H. Elkind, Plaintiff, v. City of New Rochelle, Defendant.

Supreme Court, Special Term, Westchester County.

March 14, 1957.

Attorney(s) appearing for the Case

Frank H. Connelly for plaintiff.

Murray C. Fuerst and Maxwell E. Charat for defendant.

Lawrence Hazzard for intervenors.

FREDERICK G. SCHMIDT, Off. Ref.

This is an action for a declaratory judgment, declaring a provision of the City Charter of New Rochelle, allowing a referendum on amendments to the zoning ordinance, invalid. The plaintiff moves for judgment on the pleadings, and this motion has been referred to the undersigned to hear and determine.

Only a question of law is here involved, as the facts are not in dispute...

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