Judgment unanimously modified on the law and as modified affirmed without costs and judgment granted in accordance with the following Memorandum: Petitioner appeals from a judgment of Supreme Court that granted respondents' motion for summary judgment dismissing the CPLR article 78 petition. In that petition, petitioner sought to invalidate respondents' resolution rezoning a parcel of land owned by intervenor. Because that resolution was a legislative act, it may be challenged...
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