Legal Opinion
Century Federal Savings & Loan Ass'n v. Incorporated Village of Atlantic Beach
New York Supreme Court
Decided May 13, 1976Published
1Opinion of the Court
Bertram Harnett J.
The Village of Atlantic Beach has no "zoning” powers. But, it does have an ordinance regulating signs. A bank erects a sign in violation of the ordinance, and gets five village summonses for its labors. The bank then brings this action for a declaration of its rights, to enjoin enforcement of the ordinance, and to compel dismissal of criminal prosecution for its breach.
On its present motion, the bank (Century Federal Savings and Loan Association of Long Island) seeks to enjoin enforcement and prosecution pending trial on its main complaint. *864The village’s cross motion seeks…
2Cases cited5 opinions
- Incorporated Village of Atlantic Beach v. Town of HempsteadNew York Court of Appeals · 1967
- Incorporated Village of Atlantic Beach v. Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 1966
- Koffman v. Town of VestalNew York Court of Appeals · 1966
- Garnett v. Incorporated Village of Atlantic BeachNew York Supreme Court · 1975
- Koffman v. Town of VestalAppellate Division of the Supreme Court of the State of New York · 1965