Miles v. Town Board

This is an article 78 proceeding whereby petitioner seeks an order to review, rescind and annul the determination of the Town Board of Rotterdam in changing the zoning classification of certain property for the purpose of using it as a sanitary landfill.

Respondents contend that said determination is not reviewable in a proceeding of this type in that in adopting the *354rezoning resolution the town board was acting in a legislative capacity.

It is well settled that a legislative act may not be reviewed in an article 78 proceeding. (Matter of Paliotto v. Cohalan, 6 A D 2d 886, affd. 8 N Y 2d 1065;…