MATTER OF WESLEY CHAPEL v. VAN DEN HENDE, 25 N.Y.2d 930 (1969)

252 N.E.2d 629, 305 N.Y.S.2d 149

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.

Court of Appeals of the State of New York.Argued September 25, 1969
Decided October 9, 1969

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department,

Page 931

CLARE J. HOYT, J.

Page 932

Abram Steinberg for appellants.

Donald Tirschwell for respondents.

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,

Page 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.