HAMMOND v. TOWN OF CALDWELL


282 A.D. 798 (1953)

Leonard E. Hammond et al., Appellants, v. Town of Caldwell, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 2, 1953.


Plaintiffs are the owners of unimproved land in the town of Caldwell having a fifty-foot frontage on a street. A town zoning ordinance enacted after plaintiffs' acquisition of title prohibits the erection of any structure in this area having a frontage of less than seventy-five feet. In an action for declaratory judgment the complaint alleges the ordinance is unconstitutional as to this land acquired before its enactment since it prohibits any use of it. The court at Special...

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