Brechner v. Incorporated Village of Lake Success

Plaintiffs, owners of residences within the defendant village, seek an injunction and a declaration that certain amendments of the Village Zoning Ordinance are invalid because (1) not adopted in accordance with statutory procedures, (2) they constitute “spot zoning,” (3) they constitute zoning by contract. After introduction of part of the evidence, defendants move to dismiss on the grounds that (1) this is a taxpayer’s action and section 51 of the General Municipal Law has not been complied with, (2) plaintiffs have no standing to bring this action, (3) the owners of the property directly…