McLain Dock & Stone Co. v. Incorporated Village of Port Jefferson

John P. Cohalan, Jr., J.

The parties have submitted this action which seeks declaratory judgment upon a stipulation as to items of evidence. Plaintiffs seek a judgment declaring an ordinance adopted by the defendant, Incorporated Village of Port Jefferson (Village), to be invalid and request a judgment which would prohibit the enforcement of the ordinance. Motion of defendant Village to dismiss the complaint was denied pursuant to decision of the undersigned dated December 29, 1964. That determination was affirmed by the Appellate Division of this court as to the plaintiffs McLain Dock & Stone…