Opinion
December 10, 1951.
Present — Nolan, P.J., Carswell, Johnston, Sneed and Wenzel, JJ. [See post, p. 799.]
Action for a judgment declaring a resolution adopted by the board of trustees of the Incorporated Village of East Hills amending the zoning ordinance to create a new Light Industrial A District, rezoning a fifty-two acre tract of land within the village from a Residence A District to a Light Industrial A District and amending the Official Building Zone map accordingly, to be arbitrary, capricious, discriminatory, illegal and void, and restraining respondents from permitting the use of land within that rezoned district for any use other than permitted in a Residence A District. Order dismissing the complaint pursuant to rule 106 of the Rules of Civil Practice, upon the ground that the complaint does not state facts sufficient to constitute a cause of action, unanimously affirmed, with $10 costs and disbursements. No opinion.