In Amerada Hess Corp. v. Acampora, 109 AD2d 719 [2d Dept 1985] the court held that plaintiff's challenge to the constitutionality of the Town Board's decision denying his application for the re-zoning of certain parcels of his land was an unconstitutional confiscation of property via a restrictive zoning ordinance (id. at 721). Because the court held that such denial harmed plaintiff every day, the court concluded that the six year statute of limitations urged by defendant, purportedly accruing on the date of the initial denial, was inapplicable because defendant's conduct constituted a continuing harm (id. at 722).