Suffolk Housing Services et al., Appellants,
v.
Town of Brookhaven et al., Respondents.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued April 27, 1987.
Decided June 11, 1987.
Attorney(s) appearing for the Case
Richard F. Bellman, Grover G. Hankins, Lawrence Sager, Arthur Eisenberg, Susan Ritz and Lewis M. Steel for appellants.
Allen I. Sak, Town Attorney of Town of Brookhaven (John M. Armentano, Dolores Fredrich and Samuel S. Tripp of counsel), for respondents.
Thomas Jay Hall for the American Planning Association, amicus curiae.
Gerald A. Norlander for Westchester Legal Services, amicus curiae.
Edward N. Costikyan, Joseph L. Tobin, Gerard E. Harper, Clifford Peterson and Clyde Allison for the Nassau County Village Officials Association, amicus curiae.
Steven M. Schapiro, Town Attorney of Town of Babylon (Perry S. Reich of counsel), for Town of Babylon, amicus curiae.
William L. Maher and Robert L. Dougherty for the Town of Oyster Bay, amicus curiae.
Bartley J. Costello, III for the Town of Niskayuna and others, amici curiae.
Beth M. Wickey, David K. Kadane and William L. Lanning for Housing Options Made Equal, Inc., and others, amici curiae.
Judges SIMONS, KAYE, HANCOCK, JR., and BELLACOSA concur; Judge ALEXANDER concurs in result only; Judge TITONE taking no part.
Court of Appeals of the State of New York.
Chief Judge WACHTLER.
Plaintiffs seek a judgment, among other things, declaring the zoning ordinance of the Town of Brookhaven void in its entirety because of the Town's failure to exercise its zoning power (Town Law § 261) to enable development of sufficient low-cost shelter and ordering the Town to take affirmative action to rectify the perceived housing shortage. Both lower courts held that the Town of...
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