People v. Berlin

The defendants in this prosecution are charged with violating section D-ll of article 6 of the Town of Oyster Bay Building Zone Ordinance in that a hedge on the defendants’ rear property line was not being maintained at a height less than six feet.

That particular ordinance provided in part that: “a fence as in this ordinance defined and not exceeding six (6) feet in height may be erected on a rear lot line ’ ’.

It further provided that the provisions of the ordinance were equally applicable to hedges as well as fences. The defendants have moved to dismiss the information on the ground that it…