Opinion
December 27, 1961
In an action for a judgment declaring void an amendment to the zoning ordinance of the defendant Town of Clarkstown, adopted by the town on March 28, 1960, rezoning 120 acres of land owned by defendant The Dells, Inc., so that residences could be built on 20,000 square feet instead of 40,000 square feet of land, the 44 plaintiffs appeal from an order of the Supreme Court, Rockland County, dated March 13, 1961, which granted the respective motions of the defendants to the extent of dismissing the amended complaint on the ground that it appears on the face of the complaint that it fails to state facts sufficient to constitute a cause of action. Order affirmed, without costs. In our opinion the amended complaint fails to state a cause of action and it was properly dismissed pursuant to subdivision 4 of rule 106 of the Rules of Civil Practice. Beldock, Christ, Pette and Brennan, JJ., concur; Nolan, P.J., dissents and votes to reverse the order and to deny the motion to dismiss on the ground that the amended complaint is sufficient to state a cause of action based on spot zoning.