Elkind v. City of New Rochelle

Frederick G. Schmidt, Off. Ref.

This is an action for a declaratory judgment, declaring a provision of the City Charter of New Rochelle, allowing a referendum on amendments to the *297zoning ordinance, invalid. The plaintiff moves for judgment on the pleadings, and this motion has been referred to the undersigned to hear and determine.

Only a question of law is here involved, as the facts are not in dispute. The facts are as follows: On August 27, 1956, the Common Council adopted an amendment to its zoning ordinance by which its established an Office Building District, designated District 01,…