Legal Opinion
Gardner v. Le Boeuf
New York Supreme Court
Decided June 20, 1958PublishedCited by 4 opinions
1Opinion of the CourtMarcus G. Christ, J.
This is a motion pursuant to rule 106 of the Rules of Civil Practice for an order dismissing the complaint for failure to state facts sufficient to constitute a cause of action.
*99In this action the plaintiff seeks a judgment declaring null and void the Building Zone Ordinance of the Incorporated Village of Old "Westlmry insofar as it restricts plaintiff’s property to the uses permitted in a Residence B District, namely, detached single-family residences on plots having an area of one acre or more.
According to the complaint, since 1941 the plaintiff has owned a 16%-acre parcel of land situated…
2Cases cited4 opinions
- Matter of Otto v. SteinhilberNew York Court of Appeals · 1939
- Rodgers v. Village of TarrytownNew York Court of Appeals · 1951
- Shepard v. Village of SkaneatelesNew York Court of Appeals · 1949
- Town of Cortlandt v. McNallyAppellate Division of the Supreme Court of the State of New York · 1953
3Cited by4 opinions
- Gardner v. Le BoeufNew York Supreme Court · 1960
- Gregory v. Incorporated VillageNew York Supreme Court · 1959
- Gardner v. DownerNew York Supreme Court · 1969
- Gardner v. Le BoeufAppellate Division of the Supreme Court of the State of New York · 1959