Burger King Corp. v. Village of Larchmont

In this action for a declaratory judgment, the owner of a commercially zoned parcel of land on the south side of Boston Post Road in the Village of Larchmont and his prospective tenant sue the governing board of the village and its inspector of buildings for a judgment declaring that an amendment to its zoning ordinance prohibiting plaintiff’s proposed use of the land for a restaurant, is invalid. Plaintiff’s motion for summary judgment was denied by the Justice at Special Term, Part I. A trial preference was granted on January 6, 1975, upon motion of the defendants.

The parcel, which is…