Marcus v. Village of Mamaroneck

Action for an injunction enjoining the defendants other than the village of Mamaroneck from operating or permitting the operation of a club upon certain property in the village of Mamaroneck in alleged violation of a zoning ordinance, and enjoining the defendant village, by reason of the alleged violation of said zoning ordinance, from issuing a license to permit dancing on premises where food and drink are sold.(a) Res judicata does not bar this action.(b) The user of the property which obtained on March 2, 1925, when the zoning ordinance was adopted, was a non-conforming use as a beach or…