Town of North Hempstead v. Village of North Hills

Defendant village moves to dismiss plaintiff town’s complaint on the ground that the town is barred from bringing this action by section 7-706 of the Village Law, that the town has no standing to sue, that the town is not an aggrieved person and that the complaint is merely conclusory.

The town’s contention is that the cluster zoning provisions of the village ordinances violate section 7-738 of the Village Law, that they are defective in that they were not adopted pursuant to a proper Planning Board study, that they do not embody a comprehensive plan, thus permitting a case by case rezoning of…