Kilfeather v. Town Board of Hempstead

Involved in this declaratory judgment action is the validity of section B-10.1 of article V of the Building Zone Ordinance of the Town of Hempstead, as amended May 15,1962. Plaintiffs are the owners of contiguous pot-handle plots, each with a frontage of 15 feet on Nassau Boulevard in West Hempstead. In three causes of action, plaintiffs attack the ordinance as retrospective, confiscatory and having no reasonable relation to health, safety or general welfare. In their brief plaintiffs contend in addition that the frontage provision inserted in the ordinance by the May 15, 1962 amendment…