Rettaliata v. Town of Huntington

In this declaratory judgment action, plaintiffs seek a declaration that the town’s Zoning Ordinance is unconstitutional as applied to their property, and that because of defects in later adopted amendments of the Zoning Ordinance, their property remains districted as provided in the original ordi*782nance, that is, Residence E — 5000 square feet minimum. At the close of the plaintiffs’ case the court dismissed the cause of action Seeking a declaration of unconstitutionality on the grounds (1) that plaintiffs had failed to prove confiscation, there being no proof of their cost for the property or…