Yoga Soc. of New York, Inc. v. Incorporated Town of Monroe
| Decision Date | 07 March 1977 |
| Citation | 392 N.Y.S.2d 81,56 A.D.2d 842 |
| Parties | The YOGA SOCIETY OF NEW YORK, INC., Respondent, v. The INCORPORATED TOWN OF MONROE et al., Appellants. |
| Court | New York Supreme Court — Appellate Division |
James G. Sweeney, Town Atty., Monroe, for appellants.
Bernard E. Davis, Monroe, for respondent.
Before HOPKINS, Acting P.J., and LATHAM, DAMIANI and HAWKINS, JJ.
MEMORANDUM BY THE COURT.
In an action Inter alia to declare the Zoning Law of the Town of Monroe to be unenforceable, invalid and unconstitutional, in which plaintiff also seeks, pursuant to CPLR article 78, review of a determination of the Zoning Board of Appeals of the Town of Monroe which refused to reverse six orders pertaining to violations of the Building Code or Zoning Law and to grant a variance, defendants appeal from an order and judgment (one paper) of the Supreme Court, Orange County, entered May 3, 1976, which, upon an agreed statement of facts, Inter alia, (1) declared Local Law No. 2 of 1965 of the Town of Monroe (the Zoning Law) to be void as having been illegally enacted, (2) denied their motion to dismiss the complaint and (3) annulled the determination of the Zoning Board of Appeals on the ground that it was an act which was taken pursuant to a local law which is void by reason of its having been illegally enacted.
Order and judgment reversed, on the law, with $50 costs and disbursements, Local Law No. 2 of 1965 of the Town of Monroe is declared to be valid, and action remitted to Special Term for a determination on the merits of the application for relief pursuant to CPLR article 78.
Plaintiff commenced this action seeking, in part, a declaration that the Zoning Law of the Town of Monroe had been illegally adopted and was, therefore, void. It claimed that the law had not been adopted pursuant to the notice provisions of section 264 of the Town Law, but rather pursuant to Local Law No. 1 of 1965 of the Town of Monroe, which the town had enacted pursuant to the Municipal Home Rule Law. Plaintiff also sought a declaration that the Zoning Law is void because it had been adopted pursuant to the Municipal Home Rule Law as a local law, and not as an ordinance pursuant to article 16 of the Town Law. Plaintiff, in its complaint, also sought a judgment pursuant to CPLR article 78 annulling the determination of the Zoning Board of Appeals of the Town of Monroe relating to certain violations of the town Building Code and the Zoning Law, and which denied its request for a variance. Defendants moved to dismiss the complaint. Special Term ruled that the notice given to the public prior to the adoption of the Zoning Law by the Town Board was inadequate and insufficient on its face and failed to inform the reader as to what changes were proposed. It held that the Zoning Law was void in that it had been illegally enacted. Special Term, accordingly, annulled the determination of the Zoning Board of Appeals, but did not pass upon the merits of the issues pertaining thereto.
The notice given by the town was published in a local newspaper as follows:
'NOTICE IS HEREBY GIVEN that a public hearing will...
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