Village of Kenmore v. Neiss

— Judgment unanimously reversed, on the law and facts, with costs, and a new trial granted. Memorandum: Plaintiff instituted this action seeking the removal of a fence erected by defendants Neiss in close proximity to the residence of their neighbors Rose and Philip Bumbaco. The village contended that the fence was in violation of a recently enacted zoning ordinance that prohibited a fence from being constructed less than three feet away from a neighbor’s residence. Defendants Neiss interposed counterclaims asserting, among other things, that there was selective enforcement of the zoning…