Repka v. Meyers

— Judgment unanimously reversed and petition dismissed, without costs. Memorandum: Petitioner, a lawyer, seeks to have his property rezoned from residential to restricted business in order to utilize a portion of the duplex for a law office. He maintains that the refusal of the town board to grant his application was unreasonable, arbitrary and capricious and caused significant economic injury. Since petitioner’s application for rezoning included a claim that the existing legislation was unconstitutional, Special Term properly converted the CPLR article 78 proceeding into a declaratory…