Town of Hardenburgh v. State

*193OPINION OF THE COURT

Herlihy, J.

Special Term, at the outset of its decision in this case, found that the Town of Hardenburgh and the individual plaintiffs suing in their official capacity lacked standing to bring this action against the State. We affirm its dismissal of the complaint as to those plaintiffs for the reasons set forth by Special Term. However, the remaining individual plaintiffs concededly have standing and, thus, the merits must be considered.

The plaintiffs commenced this declaratory judgment action on November 16, 1978 on behalf of all property owners whose properties would…