32 A.D.2d 921 | N.Y. App. Div. | 1969
In an action to declare certain provisions of the Zoning Ordinance of the Village of Suffern, as interpreted by the Building Inspector of the Village, unconstitutional and to recover money damages, in which action the village counterclaimed for money damages, (1) plaintiff appeals from a judgment of the Supreme Court, Rockland 'County, entered November 4, 1968 after a nonjury trial, which -dismissed the complaint, and (2) defendant cross-appeals from -the judgment insofar as it omitted to grant relief on the counterclaims. Judgment reversed, on the law and the facts, and new trial granted, with costs to abide the event. Plaintiff is the owner of real property in the Village of Suffern. On several occasions prior to 1966 plaintiff erected garden apartment complexes on the property. On each occasion it was only required to -pay the maximum sum of $1,000 for a building permit, pursuant to section 55-2 of the Zoning Ordinance of the Village of Suffern, even though each complex contained several building groups. On October 11, 1966 it tendered $1,020, representing $1,000 for a building permit and $20 for a certificate of occupancy. It was advised by the building inspector of the village that henceforth each building group in a garden apartment complex would require a separate building permit and a separate certificate of occupancy. According to the building inspector, he had been advised by the village attorney that this was the interpretation to be given section 55-2 of the Zoning Ordinance. This interpretation required that the fee for each building permit be computed separately and that the maximum of $1,000 per permit apply independently to each building group