Acierno v. Folsom

On Reargument

Defendants, in moving for reargument, have failed to grasp the underlying rationale of the Court’s ruling, namely that regardless of whether the defendants have acted on plaintiff’s building plans in a legislative or in a quasi judicial manner, I am satisfied on the present record that plaintiff is entitled to seek to demonstrate that his property rights have been improperly dealt with by defendants in the proceedings of which review is sought.

In other words, neither certiorari, in which plaintiff would not be able to enlarge the present record, which he seeks to do, nor…