Judgment reversed, on the law and the facts, with costs, and action remanded to Special Term for entry of a judgment declaring the subject ordinance constitutional as applied to the property in question, and otherwise dismissing the complaint.
In our opinion, plaintiff failed to meet his burden of proving that the application of the ordinance to the subject premises is arbitrary and unreasonable (see Dauernheim, Inc. v Town Bd. of Town of Hempstead,
Welcome to the leading source of independent legal reporting
Let's get started
Sign on now to see your case.
Or view more than 10 million decisions and orders.
