Pelham Jewish Center v. Board of Trustees

This is an article 78 proceeding brought against the Mayor and Board of Trustees of the Village of Pelham Manor. Presently before the court is a motion to dismiss the petition herein for insufficiency to state a case entitling the petitioner to any relief. Specifically, it is contended by the respondents that the proceeding is not maintainable in that it affirmatively appears that the acts of respondents sought to be reviewed or actions on their part sought to be compelled are purely legislative in nature.

In determining this motion, the facts alleged in the petition are deemed to be true. It…