Morse v. Schwartz

OPINION OF THE COURT

John G. Connor, J.

Defendant was one of 70 people who petitioned the Town of Plattekill (hereinafter referred to as the Town) to examine certain violations of the Town’s zoning laws pertaining to building violations by businesses operating within the Town, including plaintiffs’ business. After trial by the court, the court found that defendant had a First Amendment right to express his grievance before the Town Board and government officials.

After hearing proof on behalf of the plaintiffs, the court found as a matter of law and fact that plaintiffs’ action was without…