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NORTHERN ASSOC v. BEDFORD

92 A.D.2d 267 (1983)

Northern Westchester Professional Park Associates, Respondent-Appellant, v. Town of Bedford, Appellant-Respondent

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

March 21, 1983

Attorney(s) appearing for the Case

James F. Donohue (McCarthy, Fingar, Donovan, Glatthaar, Drazen & Smith [Henry J. Smith and James G. Fine] of counsel), for appellant-respondent.

Shamberg, Bender, Marwell & Cherneff, P. C. (Stuart R. Shamberg, Robert F. Davis and Martin Bender of counsel), for respondent-appellant.

LAZER, MANGANO and BROWN, JJ., concur.

MOLLEN, P. J.

At issue here is whether the zoning ordinance of the Town of Bedford is arbitrary or confiscatory as applied to plaintiff's property. Plaintiff demanded a declaratory judgment to that effect, and sought money damages as well. After a nonjury trial, Special Term dismissed plaintiff's cause of action for money damages, but otherwise sustained plaintiff's claims by issuing a judgment declaring,

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