Andrews v. NagourneyAndrews v. Nagourney
In a proceeding pursuant to article 78 of the CPLR (1) to declare the nullity, of the acts of the respondent City Council of the City of Long Beach in approving a sрecial election on April 3, 1973 on its proposed City Charter; (2) to enjoin said City Council and the respondent City Manager, City Clerk and Nassau County Board of Elections from acting with respect to said election on said proposed charter; (3) to enjoin said City Council from making any further expenditures in connection with said special election; and (4) to direct said City Council to submit to the voters of the City of Long Beach at the next-general election a different proposed charter, one prepared by the Charter Revision Commission of the City of Long Beach, petitioner appeals from a judgment of the Supreme Court, Nassau County, entered March 23, 1973, which (1) dismissed the рetition on the ground petitioner is not a party aggrieved and may not maintain the proceeding and (2) directed that the special election to be held on April 3, 1973 may proceed and be conducted by the respective respondents. Judgment reversed, on the law, without costs, and petition granted to the extеnt that respondents are prohibited from holding the special election scheduled for April 3, 1973 in its entirety. The threshold question presented on this appeal concerns standing to sue. We are of the view that the dismissal of the petition by Special Term on the stated ground that petitioner is not a “ party aggrieved ” was imрroper. In addition to being a citizen and taxpayer of the City of Long Beach, petitioner is, as will be seen, a member of a valid charter revision commission still in existence. In this matter of significant municipal concern to the citizens of Long Beach, involving the actions of municipal officials ■ -|ind only tangentially relatеd to fiscal matters, petitioner has standing to bring this article 78 proceeding even though he does not show a personal grievance or a personal interest in the outcome (Matter of Policemen’s Benevolent Assn, of Westchester County v. Board of Trustees of Vil. of Croton-on-Hudson, 21 A D 2d 693;. see, also, Matter of Bon-Air Estates v. Building Inspector of Town of Bamapo, 31 A D 2d 502, 504; Matter of Werf el v. Fitzgerald, 23 A D 2d 306, 313; Semple v. Miller, 38 A D 2d 174, 175; Matter of Marino V. Town of Bamapo, 68 Mise 2d 44, 47). Subdivision 2 of section 36 of the Municipal Home Rule Law (section 36 hereinаfter referred to as "the statute”) provides, inter alla, for the creation of a charter revision commission by the legislative -body of any city (in the instant case,