Town of Somers v. Camarco Contractors, Inc.

In an action to enjoin defendant from continuing a nonconforming use until a permit has been issued, pursuant to the Zoning Ordinance of the plaintiff town, in which defendant pleads a counterclaim for a declaratory judgment that such Zoning Ordinance is unconstitutional and void, the town appeals from an order of the Supreme Court, Westchester County, dated October 3, 1960, denying its motion for summary judgment. Order affirmed, with $10 costs and disbursements. The new Zoning Ordinance, effective August 29, 1960, should be pleaded in an amended complaint, and defendant should be permitted…