Williams v. Town of Oyster Bay

Chief Judge Fuld.

The plaintiffs, Catherine and Gene Williams, own property in a Residence D zoning district in the Village of Massapequa, Town of Oyster Bay. Unable to obtain a business use variance, they brought this suit against the town to have article VI of its Building Zone Ordinance, which governs Residence D uses, declared unconstitutional as applied to their property.

The plaintiffs’ land is located on the south side of Merrick Road, extending from Fox Boulevard on the west to Bay view Avenue on the east. The western half, the subject premises, is zoned (as indicated) “ Residence D,”…