Mathys v. Town of East Hampton

— In an action, inter alia, for a judgment declaring that certain portions of the sanitary landfill ordinance of the defendant Town of East Hampton are unconstitutional, the defendants appeal from an order of the Supreme Court, Suffolk County (Doyle, J.), dated November 9, 1984, which, upon treating defendants’ motion to dismiss the complaint for failure to state a cause of action as one for summary judgment, among other things, granted the same in favor of the plaintiffs, and declared East Hampton Town Code § 121-3 void in certain respects.

Order affirmed, with costs.

Plaintiffs, who are…