Incorporated Village of Westbury v. Samuels

William R. Brennan, Jr., J.

The plaintiff village seeks a judgment restraining the defendants, two adjoining property owners in the village, from keeping and maintaining upon their respective premises fences on boundary lines which violate standards of height imposed by the Village Building Zone Ordinance (as amd.) in effect since 1937. The properties affected are located in a Besidence A District in which it is provided that “Fences or walls shall not exceed four (4) feet in height when on the boundary line of any plot or within four (4) feet thereof. This provision shall not apply to hedges,…