Gardner v. Downer

This is another of a long line of cases involving the innumerable battles between municipalities in Nassau County trying to keep properties within their confines residential in nature and commercial interests attempting to change those areas into more profitable business zones.

Plaintiff owner again sues for a judgment declaring the building zone ordinance of the Village of Old Westbury unconstitutional as it applies to plaintiff’s property. Her first action was tried in 1960. (Gardner v. Le Boeuf, 24 Misc 2d 511.) She again claims that the ordinance unconstitutionally restricts her property…