DOBSON REALTIES v. BROOKHAVEN


96 Misc.2d 722 (1978)

Dobson Jamaica Realties, Inc., et al., Plaintiffs, v. Town of Brookhaven et al., Defendants.

Supreme Court, Special Term, Suffolk County.

September 28, 1978


Attorney(s) appearing for the Case

Peter J. Costigan for plaintiffs. Walter L. Beck and Philip Sanderman for defendants.


JOSEPH JASPAN, J.

The defendants, in a collective abuse of legislative power, are depriving the plaintiffs of the beneficial use of their property. The question presented is whether this court may fashion a corrective remedy without violating the principle of separation of powers.

Plaintiff, Dobson Jamaica Realties, Inc. (Dobson), is the contract vendor of approximately 12 acres of land located on the easterly side of Old Coram Road (Route 112...

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