Centerville's Concerned Citizens v. Town Board of Town of Centerville

Appeal from a judgment (denominated order) of the Supreme Court, Allegany County (Michael L. Nenno, A.J.), entered May 9, 2007 in a declaratory judgment action. The judgment dismissed the complaint (denominated petition and complaint).

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs, the complaint is reinstated and judgment is granted in favor of plaintiff as follows: “It is ADJUDGED AND DECLARED that Local Law No. 1 (2006) of the Town of Centerville is invalid.”

Memorandum: Plaintiff commenced this hybrid CPLR article 78 proceeding and…