At issue on these motions by the Town of Islip ("Islip") for a preliminary injunction and to strike defenses from the answer is the power of local government units in Nassau and Suffolk Counties to zone their waterfront lands and issue permits for piers, wharves and docks. The relevant portion of the Islip zoning ordinance provides that "underwater [land] shall be considered as being in the same district as the abutting upland" for a...
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