BURKHART v. TOWN OF ONTARIO

Order unanimously reversed, without costs, motion granted and complaint dismissed against defendant town. Memorandum: Special Term erred in denying summary judgment to the Town of Ontario. In enacting the ordinance, the town was acting in a legislative capacity. As such, it has immunity which rests upon a regard for sound principles of government (see B J Investors Corp. v Town Bd., 56 A.D.2d 882). "We know of no principle of law under which the state becomes liable because of the adoption of an unconstitutional statute." ( Barrett v State of New York, 220 N.Y. 423, 429-430.)