Hammond v. Town of Caldwell

— Appeal from an order of the Supreme Court, Warren County. Plaintiffs are the owners of unimproved land in the town of Caldwell having a fifty-foot frontage on a street. A town zoning ordinance enacted after plaintiffs’ acquisition of title prohibits the erection of any structure in this area having a frontage of less than seventy-five feet. In an action for declaratory judgment the complaint alleges the ordinance is unconstitutional as to this land acquired before its enactment since it prohibits any use of it. The court at Special Term has dismissed the complaint. The town on appeal…