McClure v. Board of Trustees

In an action, inter alia, for a judgment declaring a village ordinance unconstitutional and unenforceable per se and as applied to the plaintiffs’ property, the defendants appeal from a judgment of the Supreme Court, Suffolk County (Geiler, J.), dated July 19, 1985, which, after a hearing, adjudged the ordinance unconstitutional as applied to the plaintiffs’ property, and directed the village to issue a building permit for the erection of an above-ground swimming pool.

Judgment modified, on the law, by deleting from the second decretal paragraph the words "Incorporated Village of Saltaire” and…