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MATTER OF WESLEY CHAPEL, INC. v. HENDE

25 N.Y.2d 930 (1969)

In the Matter of Wesley Chapel, Inc., Respondent, v. Jan H. Van Den Hende, as Mayor of the Incorporated Village of Pomona, et al., Appellants. In the Matter of F. D. G. Construction Corp., Respondent, v. Jan H. Van Den Hende, as Mayor of the Incorporated Village of Pomona, et al., Appellants. In the Matter of Ella Hunte, Respondent, v. Jan H. Van Den Hende, as Mayor of the Incorporated Village of Pomona, et al., Appellants.

Court of Appeals of the State of New York.

Decided October 9, 1969.

Attorney(s) appearing for the Case

Abram Steinberg for appellants.

Donald Tirschwell for respondents.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.

In each of the above-entitled proceedings: Order modified to the extent that costs previously allowed against the appellants are stricken, and, as so modified, the order is affirmed, without costs. The village was justified in litigating the validity of the retroactivity of its Zoning Ordinance under Village Law (§ 179, subd. 2, par. [a]) inasmuch as that provision has not heretofore been construed...

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