Isen Contracting Corp. v. Town Board

Appellate Division of the Supreme Court of New York

Isen Contracting Corp. v. Town Board

279 A.D. 607, 107 N.Y.S.2d 708, 1951 N.Y. App. Div. LEXIS 3171

Appellate Division of the Supreme Court of the State of New York·Decided October 22, 1951·Published

Opinion

The remedies provided in sections 267 and 268 of the Town Law for violation of zoning, statutes and ordinances and for erroneous or unlawful action or inaction of local officials with respect to zoning matters are complete and expeditious. They are the exclusive civil remedies. (Cf. Baddour v. City of Long Beach, 279 N. Y. 167, and Matter of Beckmann v. Talbot, 278 N. Y. 146.) They do not include a proceeding such as this against the town board. However, since no appeal by the town board is before us, we may not disturb the order as to it. Nolan, P. J., Johnston, Adel, Wenzel and MaeCrate, JJ., concur.

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The remedies provided in sections 267 and 268 of the Town Law for violation of zoning, statutes and ordinances and for erroneous or unlawful action or inaction of local officials with respect to zoning matters are complete and expeditious. They are the exclusive civil remedies. (Cf. Baddour v. City of Long Beach, 279 N. Y. 167, and Matter of Beckmann v. Talbot, 278 N. Y. 146.) They do not include a proceeding such as this against the town board. However, since no appeal by the town board is before us, we may not disturb the order as to it. Nolan, P. J., Johnston, Adel, Wenzel and MaeCrate, JJ., concur.

Isen Contracting Corp. v. Town Board, 279 A.D. 607, 107 N.Y.S.2d 708, 1951 N.Y. App. Div. LEXIS 3171 (N.Y. Ct. App. 1951).

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