Chelnik v. Wagner

William C. Hecht, Jr., J.

Defendants move to dismiss the complaint for legal insufficiency. It is alleged that the defendants acting in concert, among themselves and others, caused a city tax lot, suitable for school purposes, to be included with other adjacent parcels as a proposed school site. By including the adjacent parcels, not necessary for the proposed use, the tax lot in question was not only rendered unavailable of itself, although sufficient for the use, but the larger site was rendered unacceptable and as a result another site chosen. Plaintiffs are owners of all or part of the…