Opinion
July 27, 1970
In an action for (1) a declaratory judgment that a certain portion of the Building Zone Ordinance of the Town of North Hempstead is void and (2) an injunction, plaintiff appeals from a judgment of the Supreme Court, Nassau County, entered February 27, 1970, which dismissed the complaint after a nonjury trial. Judgment reversed, on the law and the facts, and case remitted to the trial court for a determination of the merits of the controversy, with costs to abide the event. In our opinion plaintiff, an abutting landowner within eyesight of the proposed industrial park, established at least prima facie that he was "aggrieved" and was entitled to maintain the instant action to enjoin illegal zoning practices and to obtain a determination of the issue of the legality of the zoning ordinance. As we view the record, the trial court never reached this question or passed on it (cf. Matter of Manor Woods Assn. v. Randol, 29 A.D.2d 778). Christ, P.J., Rabin, Munder, Latham and Kleinfeld, JJ., concur.