Doldo v. Town of Watertown

Order and judgment unanimously modified and, as modified, affirmed, with costs to petitioner, in accordance with the following memorandum: Special Term should have granted the motion to dismiss the first two causes of action in the petition. In these causes of action petitioner seeks a declaration that the Zoning Ordinance of the Town of Watertown is invalid and unconstitutional as applied to him based upon his contention that the ordinance contains no provision under which he could be relieved through an application for a variance of the hardship created with respect to his property. We hold…