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Town of Pittsford v. Gallea

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 13, 1966
25 A.D.2d 479 (N.Y. App. Div. 1966)

Opinion

January 13, 1966

Appeal from the Monroe Trial Term.

Present — Williams, P.J., Goldman, Henry, Del Vecchio and Marsh, JJ.


Judgment unanimously modified in accordance with memorandum and as modified affirmed, without costs of this appeal to any party. Memorandum: Plaintiffs in Action No. 2 brought this action for a judgment declaring that section 12 of article II of the Zoning Ordinance of the Town of Pittsford was, as to them, unconstitutional and void. Special Term correctly sustained the validity of the ordinance. It was error, however, to dismiss the complaint merely because the plaintiffs were not entitled to the declaration sought by them. ( Lanza v. Wagner, 11 N.Y.2d 317, 334.) Defendants were entitled to a declaration that the ordinance is valid.


Summaries of

Town of Pittsford v. Gallea

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 13, 1966
25 A.D.2d 479 (N.Y. App. Div. 1966)
Case details for

Town of Pittsford v. Gallea

Case Details

Full title:TOWN OF PITTSFORD, Respondent, and LOUISE MILLER et al.…

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

Date published: Jan 13, 1966

Citations

25 A.D.2d 479 (N.Y. App. Div. 1966)

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