Pacific Boulevard Associates v. City of Long Beach
Opinion of the Court
In two consolidated matters, (1) one a proceeding pursuant to CPLR article 78 to compel the Building Commissioner of the City of Long Beach to issue a building permit to petitioner, which was treated by Special Term as an action for a declaratory judgment, and (2) the other an action for a declaratory judgment that two zoning ordinances of defendant City of Long Beach, namely, Nos. 1093/71 and 1184/73, enacted on November 23, 1971 and October 2, 1973, respectively, are unconstitutional as to plaintiff’s real property, defendants the City of Long Beach and the City Council of the City of Long Beach appeal from so much of a judgment of the Supreme Court, Nassau County, entered April 24, 1974, as declared said ordinances invalid, null and void as applied to plaintiff’s property. Judgment reversed insofar as appealed from, on the law, without costs, and it is declared that said ordinances are constitutional as applied to plaintiff’s property. Plaintiff purchased the subject property in August, 1969. The property was then in a zone which permitted six-story apartment buildings. Plaintiff made some preliminary plans to erect such a building. However, a formal application for a building permit was never filed by petitioner and no construction was ever commenced. Thus, no vested rights were thereby acquired. On November 23, 1971, the Zoning Ordinance of the City of Long Beach was amended by the City Council of that city and the zoning classification of the subject property was made Residence "HH” District (Ordinance No. 1093/71). That amendment restricted the use of the subject property to one- and two-family homes and two-story garden apartments. Plaintiff instituted the declaratory judgment action to declare the 1971 ordinance unconstitutional, in that the rezoning of its property to the more restrictive use resulted in a substantial loss of value to the property and constituted an unconstitutional taking of its' property. On October 2, 1973, the City Council enacted Ordinance No. 1184/73, which superseded said Ordinance No. 1093/71, with some minor changes, but still prohibited the erection of multifamily buildings in the zone in excess of two stories in height. At the outset of the trial, plaintiff moved to amend the complaint to allege that the 1973 ordinance • was also unconstitutional as applied to plaintiff’s property. The motion was granted. After the trial, the Special Term ruled that both ordinances were invalid, null and void as applied to plaintiff’s property. We disagree. The record indicates that the City of Long
Case-law data current through December 31, 2025. Source: CourtListener bulk data.