TODAL BUILDERS v. TN. BD. OF HEMPSTEAD


52 Misc.2d 311 (1966)

Todal Custom Builders, Inc., Plaintiff, v. Town Board of the Town of Hempstead et al., Defendants.

Supreme Court, Special Term, Nassau County.

November 29, 1966


Attorney(s) appearing for the Case

Daniel S. Lerner and Melvin B. Lippe for plaintiff. John A. Morhous, Town Attorney (Joel S. Kaplan of counsel), for defendants.


MANUEL W. LEVINE, J.

This is an action brought by the plaintiff to have section B-10.1 of the Building Zone Ordinance of the Town of Hempstead declared unconstitutional as applied to premises now known as Section 56, Block 411, Lot 410. The section attacked read as follows: "Sec. B-10.1. No dwelling or other buiding shall be constructed on a lot unless (1) it contains an area of not less than six thousand (6,000) square feet and has a minimum width of...

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