Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum:
We conclude that Supreme Court properly found in favor of defendant. Because this is a declaratory judgment action, however, the court erred in dismissing the complaint. We modify the judgment appealed from by reinstating the complaint and by granting judgment in favor of defendant declaring that the March 9, 1987 "Ordinance of the Town of Kirkland...
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