Town of Lima v. Robert Slocum Enterprises, Inc.

Defendants appeal from a judgment entered after trial upon stipulated facts under CPLR 3222. The judgment enjoins defendants from continuing the conduct of a retail sale's business on their premises at the corner of Gale Boad and Bochester Street in the plaintiff Town of Lima, except insofar as defendants conducted such business there prior to November 1, 1961, the effective date of the town zoning ordinance. The issue presented is whether that ordinance was lawfully enacted. Defendants contend (1) that the Town Board of plaintiff failed to give proper notice of public heariiig of enactment…