Town of Hempstead v. Romano

William R. Brennan, Jr., J.

The plaintiff township seeks through the injunctive process to enforce an amortization provision in its building zone ordinance against the nonconforming use by the defendants of their land as a junk yard and automobile wrecking business. At issue by way of defense is the constitutionality of the ordinance.

Since January 20, 1930, the ordinance has prohibited the use of any land in the town for a junk yard or automobile wrecking business. It has also provided (art. 14, § Gr-3.0): “Notwithstanding any other provision of this Ordinance any automobile or other junk yard…