Legal Opinion

Horn Construction Co. v. Town of Hempstead

New York Supreme Court

Decided February 19, 1962PublishedCited by 2 opinions

1Opinion of the Court

William E. Brennan, Jr., J.

The Village of Freeport, its Mayor and Trustees, seek to intervene in this action brought against the Town of Hempstead by the owner of a large tract of land in the town to obtain a judicial declaration that the present town zoning (Industrial Y) is unconstitutional and that any zoning imposing standards higher than single-family residences on plots of not more than 6,000 square feet would also be unreasonable and unconstitutional. None of the plaintiff’s land is within the village. However, the land is bounded on three sides by water, its northern boundary line…

2Cases cited4 opinions

  1. Matter of Evans v. BerryNew York Court of Appeals · 1933
  2. Matter of Whitman. No. 1New York Court of Appeals · 1918
  3. Schieffelin v. GoldsmithNew York Court of Appeals · 1930
  4. Zara Contracting Co. v. City of Glen CoveNew York Supreme Court · 1960

3Cited by2 opinions

  1. Unitarian Universalist Church v. ShortenNew York Supreme Court · 1970
  2. In re SpangenbergNew York Supreme Court · 1963

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