HORN CONSTR. v. TOWN OF HEMPSTEAD


41 Misc.2d 438 (1963)

Horn Construction Co., Inc., Plaintiff, v. Town of Hempstead et al., Defendants.

Supreme Court, Special Term, Nassau County.

December 6, 1963


Attorney(s) appearing for the Case

Sprague, Stern, Aspland, Dwyer & Tobin for plaintiff. John A. Morhous, Town Attorney, for defendants.


DANIEL G. ALBERT, J.

This is an action for a declaratory judgment which was tried before Special Term, of this court, seeking in substance to declare that the Building Zone Ordinance of the Town of Hempstead adopted January 20, 1930, and as amended from time to time, is arbitrary, capricious, unreasonable, discriminatory, confiscatory, void and ineffective insofar as it restricts the plaintiff's property to the use permitted in an Industrial (Y) District...

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