Legal Opinion

Horn Construction Co. v. Town of Hempstead

New York Supreme Court

Decided December 6, 1963PublishedCited by 3 opinions

1Opinion of the CourtDaniel G. Albert, J.

This is an action for a declaratory judgment which was tried before Special Term, of this court, seeking in substance to declare that the Building Zone Ordinance of the Town of Hempstead adopted January 20, 1930, and as amended from time to time, is arbitrary, capricious, unreasonable, discriminatory, confiscatory, void and ineffective insofar as it restricts the plaintiff’s property to the use permitted in an Industrial (Y) District; that the aforesaid Building Zone Ordinance of the Town of Hempstead is similarly arbitrary, capricious, unreasonable, discriminatory, confiscatory, void and…

2Cases cited11 opinions

  1. Arverne Bay Construction Co. v. ThatcherNew York Court of Appeals · 1938
  2. Rodgers v. Village of TarrytownNew York Court of Appeals · 1951
  3. Dowsey v. Village of KensingtonNew York Court of Appeals · 1931
  4. Shepard v. Village of SkaneatelesNew York Court of Appeals · 1949
  5. Vernon Park Realty, Inc. v. City of Mount VernonNew York Court of Appeals · 1954

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3Cited by3 opinions

  1. In re the County of NassauAppellate Division of the Supreme Court of the State of New York · 1970
  2. Schwartz v. LeeNew York Supreme Court · 1966
  3. In re the County of NassauNew York Supreme Court · 1966

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