McCabe v. City of New York

This is a suit by interested property owners for a declaratory judgment that certain zoning amendments are void because they were adopted by a vote of ten to six and not unanimously by the Board of Estimate. Defendant interposed an answer and both parties moved for judgment on the pleadings. Special Term rendered judgment for plaintiffs, but the Appellate Division reversed and granted judgment for defendant.

The question presented is whether the Board of Estimate or the City Planning Commission is the appropriate body with which property owners should file their protests against changes in the…