Matter Ruth Golden Et Al. v. Planning Board Town Ramapo Et Al‪.‬

[30 N.Y.2d 359 Page 364] Both cases arise out of the 1969 amendments to the Town of Ramapo's Zoning Ordinance. In Golden, petitioners, the owner
of record and contract vendee, by way of a proceeding pursuant to CPLR article 78 sought an order reviewing and annulling
a decision and determination of the Planning Board of the Town of Ramapo which denied their application for preliminary approval
of a residential subdivision plat because of an admitted failure to secure a special permit as required by section 46-13.1
of the Town zoning ordinance prohibiting subdivision approval except where the residential developer has secured, prior to
the application for plat approval, a special permit or a variance pursuant to section F of the ordinance. Special Term sustained
the amendments and granted summary judgment. On appeal, the Appellate Division elected, since all necessary parties were before
the court, to treat the proceeding as an action for declaratory judgment and reversed.