Landmark Colony v. Board of Supervisors

OPINION OF THE COURT

George A. Murphy, J.

This is an action for declaratory judgment wherein the plaintiff Landmark Colony at Oyster Bay seeks, inter alia, a determination that Nassau County Ordinance No. 229-80, enacted May 19, 1980, is unconstitutional, illegal and void. Plaintiff also seeks to recoup from the County of Nassau a $15,000 penalty imposed on December 18, 1980 by the Nassau Planning Commission pursuant to this ordinance and thereupon paid under protest by the plaintiff. Plaintiff contends that the subject matter of the ordinance has been pre-empted by State legislation applicable…