Town of Eastchester v. Koch

The Town of Eastchester brings this action for a judgment declaring its rights to create a public parking place on certain property heretofore acquired by it. The property in question is burdened by a restrictive covenant against the operation of a business. The creation and operation of such parking place is opposed by an abutting owner, the defendant herein, who is one of the beneficiaries of the restrictive covenant.

This action is the second between the parties. In the first action, the plaintiff town sought to have defendant barred from claiming an interest in the property in question…