Legal Opinion
Valley Realty Development Co. v. Town of Tully
Appellate Division of the Supreme Court of the State of New York
Decided November 18, 1992PublishedCited by 5 opinions
1Opinion of the Court
Judgment unanimously affirmed with costs. Memorandum: This matter was improperly brought as a CPLR article 78 proceeding. Because respondents’ enactment of the ordinance was a legislative act, it should have been challenged in a declaratory judgment action (see, Matter of Mayerat v Town Bd., 185 AD2d 699; Matter of Nassau Shores Civic Assn. v Colby, 118 AD2d 782, 783, mot to dismiss appeal granted 68 NY2d 808). Nevertheless, because we have a complete record and all of the necessary parties are before us, we convert this matter to a declaratory judgment action and will consider the merits of…
2Cases cited7 opinions
- Jackson v. New York State Urban Development Corp.New York Court of Appeals · 1986
- Berenson v. Town of New CastleNew York Court of Appeals · 1975
- Har Enterprises v. Town of BrookhavenNew York Court of Appeals · 1989
- Nassau Shores Civic Ass'n v. ColbyAppellate Division of the Supreme Court of the State of New York · 1986
- Sacco v. MarucaAppellate Division of the Supreme Court of the State of New York · 1991
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3Cited by5 opinions
- Llana v. Town of PittstownAppellate Division of the Supreme Court of the State of New York · 1996
- Valley Realty Development Co. v. JorlingAppellate Division of the Supreme Court of the State of New York · 1995
- Gernatt Asphalt Products, Inc. v. Town of SardiniaAppellate Division of the Supreme Court of the State of New York · 1995
- Patterson Materials Corp. v. Town of PawlingAppellate Division of the Supreme Court of the State of New York · 1999
- Atlas Henrietta, LLC v. Town of Henrietta Zoning Board of AppealsNew York Supreme Court · 2013