Opinion
November 30, 1978
The case is remanded to the Superior Court Department for an evidentiary hearing and for a finding of fact by the court on the question whether there is any provision of the zoning ordinance which purports to regulate or restrict the location or construction of a building or structure in a "front yard," as defined in the ordinance; if the court finds there is no such provision, the judgment is to stand; if the court finds that there is such a provision, it shall vacate both the order allowing the motion for summary judgment and the judgment, and the case shall stand for further proceedings; costs of appeal are not to be awarded to any party.