Nelkin v. Town of Oyster Bay

Plaintiffs seek a judgment declaring that the Building Zone Ordinance of the defendant Town of Oyster Bay is unconstitutional insofar as it restricts their property to the uses permitted in a residential district.

At the request of both parties, the court has visited and made a study of the area in question.

The subject property is unimproved and lies two blocks south of the Northern State Parkway on the northeast corner of Broadway and Burke Avenue in Hicksville. At the time of the commencement of this action in March, 1958, it had a frontage of-125 feet on Broadway and a depth of 100 feet…