WALDBAUM, INC. v. BD. OF ESTIMATE OF THE CITY OF NEW YORK


74 A.D.2d 544 (1980)

Waldbaum, Inc., et al. Appellants, v. Board of Estimate of the City of New York et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

February 21, 1980


Plaintiffs assert three causes of action respectively seeking to declare a zoning resolution unconstitutional and to challenge the Board of Estimate actions in denying a special permit and land fill. Special Term dismissed the first cause of action on the ground that plaintiffs failed to exhaust administrative remedies by not applying for a variance from the zoning resolution. The second and third causes of action were dismissed as improperly asserting claims for declaratory...

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