Bismarck v. Inc. Village of Bayville

This is a motion by plaintiff for an order granting summary judgment as to. the second cause of action alleged in the complaint and severing the action as to the balance of the complaint. In the second cause of action, plaintiff attacks a resolution of the defendant Village Board, adopted March 29, 1963 reclassifying 60 acres owned by her, from Residence “ D ” zoning (15,000 square feet minimum lot requirement) to a Residence “ F ” District (40,000 square feet lot requirement) as invalid on the ground that the resolution was not passed by a three-fourths majority of the Board of Trustees as…