Mangicapre v. Town of Hempstead

In an action to declare the Building Zone Ordinance of the Town of Hempstead illegal, unconstitutional, and void, plaintiffs appeal from a judgment of the Supreme Court, Nassau County (Balletta, J.), dated October 12,1982, which dismissed their complaint. Judgment modified, on the law, by deleting the provision dismissing the complaint and substituting therefor a provision declaring that the ordinance, as applied to plaintiffs’ properties, is valid and constitutional. As so modified, judgment affirmed, without costs or disbursements. Special Term correctly held that the current zoning of the…