Union Free School District No. 14 v. Village of Hewlett Bay Park
New York Supreme Court
1Opinion of the CourtStoddart, J.
The defendant moves to dismiss the complaint on two grounds: (1) that the plaintiff has no legal right to maintain an action for a declaratory judgment, and (2) that the complaint does not state facts sufficient to constitute a cause of action.
The complaint reveals the following facts which must be deemed to be true on this motion. The defendant village in 1949 by an amendment to its ordinances, excluded the erection of any schools within the borders of the village. At a special meeting of the qualified voters of the plaintiff district on July 13, 1950, the plaintiff was authorized to acquire…
2Cases cited5 opinions
- Dowsey v. Village of KensingtonNew York Court of Appeals · 1931
- Clark v. Board of Zoning Appeals of the HempsteadNew York Court of Appeals · 1950
- Concordia Collegiate Institute v. MillerNew York Court of Appeals · 1950
- Jewish Consumptives' Relief Society v. Town of WoodburyAppellate Division of the Supreme Court of the State of New York · 1930
- Hickox v. GriffinAppellate Division of the Supreme Court of the State of New York · 1948
3Cited by6 opinions
- Cornell University v. BagnardiNew York Court of Appeals · 1986
- Minney v. City of AzusaCalifornia Court of Appeal · 1958
- State Ex Rel. St. Louis Union Trust Co. v. FerrissSupreme Court of Missouri · 1957
- Long Island University v. TappanNew York Supreme Court · 1952
- Town of Onondaga v. Central School District No. 1New York Supreme Court · 1968
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