Gardner v. Le Boeuf

In an action for a judgment declaring that the Building Zone Ordinance of the Incorporated Village of Old Westbury is invalid insofar as it restricts the appellant’s property to a prescribed residential use and prevents the development of such property for. business purposes, and for other relief, the appeal is from an order granting a motion to dismiss the complaint for insufficiency (Rules Civ. Prac., rule 106, subd. 4). The Special Term held that the complaint was deficient in that it failed to set forth sufficient factual criteria to support the claim that the ordinance was…