Coutant v. Town of Poughkeepsie

In Coutant v. Town of Poughkeepsie (69 A.D.2d 506 [2d Dept 1979]), the trial court had granted summary judgment in plaintiff's favor, invalidating a town zoning ordinance. The Appellate Division reversed the grant of summary judgment, concluding that the plaintiff had not met the heavy burden of overcoming the presumption that "public officers have performed the duties imposed upon them by law." (Id. at 510.) The Appellate Division concluded that summary judgment was inappropriate to determine whether the rezoning decision was in accordance with the comprehensive plan, where the comprehensive plan of the municipality was not easily recognizable. (Id. at 509-510.)