Wesley Chapel, Inc. v. Van Den Hende — 25 N.Y.2d 930

Majority

p. 930

In the Matter of Wesley Chapel, Inc., Respondent, v. Jan H. Van Den Hende, as Mayor of the Incorporated Village of Pomona, et al., Appellants. In the Matter of F. D. G. Construction Corp., Respondent, v. Jan H. Van Den Hende, as Mayor of the Incorporated Village of Pomona, et al., Appellants. In the Matter of Ella Hunte, Respondent, v. Jan H. Van Den Hende, as Mayor of the Incorporated Village of Pomona, et al., Appellants.

Argued September 25, 1969;

decided October 9, 1969.

p. 932

Abram Steinberg for appellants.

Donald Tirschwell for respondnets.

In each of the above-entitled proceedings: Order modified to the extent that costs previously allowed against the appellants are stricken, and, as so modified, the order is affirmed, without costs. The village was justified in litigating the validity of the retroactivity of its Zoning Ordinance under Village Law (•§ 179,

p. 933

subd. 2, par. [a]) inasmuch as that provision has not heretofore been construed. No opinion.

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson.