Brechner v. Incorporated Village of Lake Success

Nolan, P. J., Beldock, Kleinfeld and Christ, JJ., concur; Pette, J., dissents and votes to reverse the judgment and to direct judgment declaring the amendments to the Village Zoning Ordinance to be invalid and unenforeible, with the following memorandum: The effect of these 1958 amendments was to rezone from highly residential to commercial, business and professional use the land of one individual: Marvin Gilman (who was made a defendant in this action by court order). At the time of the adoption of such amendments he had a separate action pending against the village in which he attacked the…