Liberty Meadows, LLC v. Incorporated Village of Jefferson

OPINION OF THE COURT

Emily Pines, J.

Plaintiff, Liberty Meadows, LLC, moves by notice of motion (motion sequence No. 001) for an order pursuant to CPLR 3212 granting plaintiff judgment declaring that section 220-44 of the Code of the Village of Port Jefferson (Code) is void and invalid, and in derogation of state law. Defendant, Village of Port Jefferson, opposes the motion on the grounds: (1) that the action is barred by the statute of limitations since a form of the Code has been in effect since 1972, and (2) that the Code provision was enacted in accordance with the authority set forth in…