KILFEATHER v. TOWN BD., HEMPSTEAD


43 Misc.2d 328 (1964)

James Kilfeather et al., Plaintiffs, v. Town Board of the Town of Hempstead et al., Defendants.

Supreme Court, Special Term, Nassau County.

May 20, 1964


Attorney(s) appearing for the Case

Daniel S. Lerner for plaintiffs. John A. Morhous, Town Attorney, for defendants.


BERNARD S. MEYER, J.

Involved in this declaratory judgment action is the validity of section B-10.1 of article V of the Building Zone Ordinance of the Town of Hempstead, as amended May 15, 1962. Plaintiffs are the owners of contiguous pot-handle plots, each with a frontage of 15 feet on Nassau Boulevard in West Hempstead. In three causes of action, plaintiffs attack the ordinance as retrospective, confiscatory and having no reasonable relation to health...

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