Challette, Inc. v. Town of Brookhaven

Brookhaven Town moves pursuant to 3211 (subd. [a], pars. 2, 10) of the Civil Practice Law and Rules to dismiss this action for the reason that the court does not have jurisdiction in that there is an absence here of persons who should be parties. Plaintiff Challette, Inc., brought the action for judgment declaring the invalidity of a certain amendment to the town’s Building Zone Ordinance. The amendment itself is one which “upzoned” all land, except for one parcel, in Union Free School District No. 1 in the township, which school district takes in some approximately 2,700 acres. Of this,…