Brooklyn, NY – A federal judge has weighed in on a heated dispute between a Long Island developer and the Town of Hempstead over a nearly century-old home in Wantagh that was declared a historic landmark, blocking plans for redevelopment.
Developer’s plans halted
South Nassau Building Corp. bought the property at 3171 Elm Place in March 2020 with the intent to demolish the 1925 Colonial Revival-style house and replace it with two new homes. The 20,000-square-foot parcel, large enough to be split into two zoning-compliant lots, was seen by the builder as a profitable investment.
But in February 2021, the Town Board of Hempstead voted to give the house landmark status, citing its architectural and historic value. That designation prevented demolition and forced the developer to abandon its subdivision plans.
Legal challenge moves forward
South Nassau responded with a lawsuit against the town and its Landmarks Preservation Commission, claiming the designation violated constitutional property rights. Earlier rulings dismissed several claims, including arguments of a categorical taking under the Takings Clause, as well as claims against the commission itself.
The case, however, is continuing over remaining claims as both sides seek summary judgment. Judge Edward R. Korman’s memorandum detailed the developer’s purchase, zoning background, and the timeline leading up to the landmark decision, laying the groundwork for the next stage of litigation.
Ongoing fight over preservation
The ruling underscores a growing tension on Long Island between preservation efforts and real estate development, with historic homes often standing at the center of redevelopment debates. The Wantagh property remains protected as a landmark while the legal process continues.
Key Points
- A Wantagh home built in 1925 was designated a historic landmark by the Town of Hempstead in 2021.
- South Nassau Building Corp. sued after its plan to demolish the house and build two new homes was blocked.
- A federal judge dismissed some claims but allowed the case to proceed on remaining legal issues.
The clash shows how history and housing profits can collide on Long Island.
