[DOWNLOAD] "Heram Holding Corporation v. City Albany Et Al." by Supreme Court of New York # Book PDF Kindle ePub Free
eBook details
- Title: Heram Holding Corporation v. City Albany Et Al.
- Author : Supreme Court of New York
- Release Date : January 20, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
[33 A.D.2d 1086 Page 1087] Plaintiff alleges in substance that it owns some 30 acres of land in the City of Albany; at the time plaintiff purchased
the land the Zoning Law enacted in 1924 classified the property as "Heavy Industrial"; that the land was at that time vacant
and unimproved and so remains; on May 2, 1966 the city amended the 1924 ordinance by reclassifying the property in question
and placing it in an "A" residence zone; that all surrounding land remained zoned heavy industrial; that on May 20, 1968 the
city passed a new comprehensive zoning ordinance which placed plaintiff's property in an "R-1 single family-residential zone",
while the properties in the surrounding area were reclassified, "Heavy Manufacturing". Plaintiff brings this action for a
declaratory judgment seeking a declaration that this zoning ordinance, as the same affects plaintiff's property, is confiscatory
and unconstitutional. It is, of course, to the sufficiency of the complaint that this motion is directed. If, from a reading
of the complaint, we can conclude that plaintiff has a cause of action, we must sustain it, even though the cause may be improperly
stated. We must also construe the complaint liberally and view it most favorably to the plaintiff. An examination of the complaint
in light of these rules compels us to conclude that it does state a cause of action. There are abundant facts set forth in
the complaint if ultimately proved from which it could be established that the property in question is not suitable for residential
use. (See Attoram Realty Corp. v. Town of Greenburgh, 8 A.D.2d 937.) Since plaintiff has raised the constitutionality of the
ordinance, it is unnecessary to first seek administrative relief. (Northern Operating Corp. v. Town of Ramapo, 31 A.D.2d 822.)
Disposition Order affirmed, with costs.