PEEKSKILL SUBURBS, INC. v. MORABITO


74 A.D.2d 843 (1980)

Peekskill Suburbs, Inc., Appellant, v. Muriel H. Morabito et al., Constituting The Town Board of the Town of Cortlandt, et al., Respondents

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

March 10, 1980


Judgment modified, on the law, by deleting therefrom the provision denying the petition and adding thereto provisions (1) converting the proceeding into an action for a declaratory judgment and (2) declaring that the zoning ordinance, as it applies to petitioner's property, is constitutional. As so modified, judgment affirmed, without costs or disbursements.

The proper procedural vehicle by which to attack the constitutionality of a zoning ordinance is a declaratory...

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