Town of Stony Point v. McDonnell

Plaintiff has instituted an action for a permanent injunction and moves herein for a temporary injunction pendente lite restraining the defendant from continuing to serve as Chairman of the Zoning Board of Appeals of the Town of Stony Point and directing him to relinquish said chairmanship to one Louis Keller, who the plaintiff town claims to be the duly appointed Chairman.

The facts as set forth in the moving papers and the affirmation submitted in opposition thereto are not in dispute.

On September 13,1961, the Town Board of the Town of Stony Point adopted a zoning ordinance effective October…