Woodside Estates Civic Ass'n v. Town of Brookhaven

In an action for a judgment declaring the invalidity of an ordinance of the respondent town changing a building zone, plaintiff appeals from a judgment of the Supreme Court, Suffolk County (Geiler, J.), dated July 19, 1983, which, after a trial, dismissed the complaint.

Judgment modified, on the law, by adding thereto a provision declaring that the ordinance in question is valid and dismissing the plaintiff’s complaint in all other respects. As so modified, judgment affirmed, with one bill of costs to respondents.

Special Term erred in dismissing plaintiff’s complaint without declaring the…