East Suffolk Development Corp. v. Town Board of Riverhead
Opinion of the Court
In an action, inter alia, for a judgment declaring that the adoption of an amendment to the Town of Riverhead Zoning Code is invalid and unconstitutional, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Emerson, J.), dated September 10, 2007, as denied those branches of their motion which were to dismiss the complaint pursuant to CPLR 3211 (a) (5) as time-barred and to dismiss the second cause of action pursuant to CPLR 3211 (a) (7) for failure to state a cause of action.
Ordered that the order is affirmed, with costs.
The complaint challenges the validity and constitutionality of a local law amending the Town of Riverhead Zoning Code. The challenged local law is clearly legislative in nature, as evinced by its general applicability, indefinite duration, and formal adoption (see Matter of Frontier Ins. Co. v Town Bd. of Town of Thompson, 252 AD2d 928, 930 [1998]; International Paper Co. v
Contrary to the defendants’ contention, “accepting] the facts as alleged in the complaint as true, according] [the] plaintiffs the benefit of every possible favorable inference, and determining] only whether the facts as alleged fit within any cognizable legal theory” (Leon v Martinez, 84 NY2d 83, 87-88 [1994]; see Kass v Zaslav, 55 AD3d 877 [2008]), the plaintiff presented a viable cause of action for declaratory relief (see XJnanue v Town of Gardiner, 105 AD2d 1025 [1984]). Skelos, J.P, Dillon, Angiolillo and Eng, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.