Judgment modified, on the law, by deleting therefrom the provision dismissing the complaint, and substituting therefor a provision declaring that the ordinance under review is not unconstitutional or confiscatory as applied to plaintiff's property. As so modified, judgment affirmed, with costs to defendant.
Inasmuch as it is improper in a declaratory judgment action to dismiss the complaint, even though the plaintiff is not entitled to the declaration sought (Lanza...
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