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Isen Contracting Corp. v. Town Board

Appellate Division of the Supreme Court of New York, Second Department
Oct 22, 1951
279 App. Div. 607 (N.Y. App. Div. 1951)

Opinion

October 22, 1951.


In a proceeding pursuant to article 78 of the Civil Practice Act to direct the Town Board of the Town of Oyster Bay to order the removal of certain alleged variances and violations of the Building Zone Ordinance of the said town, the respondent Press Wireless, Inc., appeals from an order denying its motion to dismiss the amended petition upon objections in point of law, pursuant to section 1293 of the Civil Practice Act. Order, insofar as appealed from, modified by striking therefrom the first ordering paragraph and by providing in lieu thereof that the motion by Press Wireless, Inc., be granted and that the motion by the town board be denied; and by providing in the second ordering paragraph, that the direction to the respondents with respect to serving and filing their answers be made applicable only to the town board. As so modified, the order is affirmed, with $10 costs and disbursements to appellant. The remedies provided in sections 267 Town and 268 Town of the Town Law for violation of zoning statutes and ordinances and for erroneous or unlawful action or inaction of local officials with respect to zoning matters are complete and expeditious. They are the exclusive civil remedies. (Cf. Baddour v. City of Long Beach, 279 N.Y. 167, and Matter of Beckmann v. Talbot, 278 N.Y. 146. ) They do not include a proceeding such as this against the town board. However, since no appeal by the town board is before us, we may not disturb the order as to it. Nolan, P.J., Johnston, Adel, Wenzel and MacCrate, JJ., concur.


Summaries of

Isen Contracting Corp. v. Town Board

Appellate Division of the Supreme Court of New York, Second Department
Oct 22, 1951
279 App. Div. 607 (N.Y. App. Div. 1951)
Case details for

Isen Contracting Corp. v. Town Board

Case Details

Full title:In the Matter of ISEN CONTRACTING CORP., Respondent, against TOWN BOARD OF…

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

Date published: Oct 22, 1951

Citations

279 App. Div. 607 (N.Y. App. Div. 1951)