Landes v. Town of North Hempstead

Chief Judge Fuld.

The plaintiff, a duly designated nominee of the Democratic party for the office of councilman in the Town .of North Hempstead, brings this action against the town for a judgment declaring unconstitutional and void those provisions of sections 23 and 23-a of the Town Law which require a holder of an elective town office to be an owner of record of real property within the town.1 Although the plaintiff owns no property in North Hempstead —it appears that he transferred title of a jointly owned home (in which the family presently lives) to his wife in 1959 — he has resided in…