Dauernheim, Inc. v. Town Board of Hempstead

In this action plaintiff originally sought a change of zone from a residential to a business use for 4.271 acres of a larger tract of approximately 17 acres owned by it. Its application was denied. The property is, and, since 1930, has been zoned for residential use. In its complaint plaintiff alleges that the area in which the property is situated has become business and commercial in nature and the land is unfit for residential use. It is also alleged that the present zoning use is an invasion of plaintiff’s legal and constitutional right to own and put the property to its highest and best…