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Bueti v. Town of Bedford

Appellate Division of the Supreme Court of New York, Second Department
Sep 17, 1973
42 A.D.2d 902 (N.Y. App. Div. 1973)

Opinion

September 17, 1973


In an action for a declaratory judgment, plaintiff appeals from a judgment of the Supreme Court, Westchester County, dated July 17, 1972, which dismissed the complaint after a nonjury trial. Judgment reversed, on the law, with costs to defendant, and judgment granted to defendant declaring that its zoning ordinance is not arbitrary, unreasonable, discriminatory, confiscatory, unconstitutional or void and ineffective as it applies to plaintiff's property. The findings of fact below are affirmed. Since this is an action for a declaratory judgment, the complaint should not have been dismissed ( Lanza v. Wagner, 11 N.Y.2d 317, 334; Rockland Light Power Co. v. City of New York, 289 N.Y. 45). We agree, however, with the findings of fact and conclusions of law of Special Term and therefore judgment must be entered in favor of defendant upholding the validity of its zoning ordinance. (See, also, Williams v. Town of Oyster Bay, 32 N.Y.2d 78.) Rabin, P.J., Hopkins, Munder, Martuscello and Latham, JJ., concur.


Summaries of

Bueti v. Town of Bedford

Appellate Division of the Supreme Court of New York, Second Department
Sep 17, 1973
42 A.D.2d 902 (N.Y. App. Div. 1973)
Case details for

Bueti v. Town of Bedford

Case Details

Full title:EDWARD V. BUETI, Appellant, v. TOWN OF BEDFORD, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Sep 17, 1973

Citations

42 A.D.2d 902 (N.Y. App. Div. 1973)