In the Matter of Long Island Pine Barrens Society, Inc., et al., Respondents,
v.
Planning Board of the Town of Brookhaven et al., Appellants, and Planning Board of the Town of Southampton et al., Respondents. Breskel Shopping Center Associates et al., Intervenors-Appellants.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued October 22, 1992.
Decided November 24, 1992.
Attorney(s) appearing for the Case
Richard A. Ehlers, Riverhead, for Planning Board of the Town of Riverhead, appellant.
Patricia C. Moore, Town Attorney of Town of Riverhead (William D. Moore of counsel), for Town Board of the Town of Riverhead and another, appellants.
Robert J. Cimino, County Attorney of Suffolk County, Hauppauge (Robert H. Cabble, Arlene S. Zwilling and Derrick J. Robinson of counsel), for Department of Health Services of the Suffolk County Health District, appellant.
Denise F. Molia, Town Attorney of Town of Brookhaven, Medford (Garrett W. Swenson, Jr., of counsel), for Planning Board of the Town of Brookhaven and others, appellants.
Leon D. Lazer, Melville, Certilman, Balin, Adler & Hyman, East Meadow, and Mars, Sloane & Conlon, Hauppauge, for Breskel Shopping Center Associates and others, intervenors-appellants.
Mars, Sloane & Conlon, Hauppauge (Theodore D. Sklar of counsel), for Greenwood Village Associates and others, intervenors-appellants.
Esseks, Hefter & Angel, Riverhead (William W. Esseks and John M. Wagner of counsel), for Hampton Hills Associates and others, intervenors-appellants.
Berle, Kass & Case, New York City (Michael B. Gerrard and Philip Weinberg of counsel), for Long Island Pine Barrens Society, Inc., and others, respondents.
Joel Richard Kupferman, Huntington, for Assembly Members of the New York State Legislative Commission on Water Resource Needs of Long Island, amicus curiae.
Sarah J. Meyland, Massapequa, for Citizens Campaign for the Environment, amicus curiae.
Carolyn Zenk, Bridgehampton, and Neal Lewis, Massapequa, for Group for the South Fork and others, amici curiae.
Howard I. Fox, of the District of Columbia Bar, admitted pro hac vice, for the Sierra Club and others, amici curiae.
Robert Abrams, Attorney-General, New York City (James A. Sevinsky, Jerry Boone and Leslie Allan of counsel), for the State of New York, amicus curiae.
Acting Chief Judge SIMONS and Judges KAYE, HANCOCK, JR., BELLACOSA and SMITH concur.
Court of Appeals of the State of New York.
TITONE, J.
The Central Pine Barrens is an area of Long Island that once encompassed approximately 250,000 acres in central Suffolk County but has now been reduced to some 100,000 acres of relatively undeveloped land. The Pine Barrens is an indispensable component of the aquifer system that is the sole natural source of drinking water for over two and a half million inhabitants of Long Island. Indeed, because...
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