Adler v. Messina

This is an article 78 proceeding brought to review an ordinance of the Village of Port Chester, *133dated June 1, 1964, establishing fees for use of its parking lot leased to it by the New York, New Haven and Hartford Railroad Company (hereinafter called “New Haven”). Petitioner, a resident of the Town of Rye and a New Haven commuter, contends that the ordinance is unconstitutionally discriminatory and violative of the lease from New Haven, paragraph 21 of which reads as follows: ‘ ‘ The lessee shall have the right to adopt regulatory measures for the operation, management and use of the said…