EAST NECK ESTATES v. LUCHSINGER


61 Misc.2d 619 (1969)

East Neck Estates, Ltd., Petitioner, v. John F. Luchsinger et al., Constituting the Planning Board of the Town of Brookhaven, Respondents.

Supreme Court, Special Term, Suffolk County.

November 3, 1969


Attorney(s) appearing for the Case

Gordon & Kotler for petitioner. Martin Bradley Ashare for respondents. Gainsburg, Gottlieb, Levitan & Cole for Edwin J. Hoffritz, amicus curiæ.


GEORGE F. X. McINERNEY, J.

This is an article 78 proceeding challenging the power of the Planning Board to require the dedication of a certain strip of shore front to the town as a condition for the approval of a proposed residential subdivision.

Edward J. Hoffritz, by Gainsburg, Gottlieb, Levitan & Cole, Esqs., appeared with the permission of the court amicus curiæ.

The subdivision in issue is a rectangular tract of about...

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