Long Island Power Authority et al., Respondents-Appellants,
v.
Shoreham-Wading River Central School District et al., Appellants-Respondents
Appellate Division of the Supreme Court of the State of New York, Second Department.https://leagle.com/images/logo.png
January 10, 1994
January 10, 1994
Attorney(s) appearing for the Case
Lewis & Greer, P. C., Poughkeepsie (Lou Lewis of counsel), for Shoreham-Wading River Central School District, appellant-respondent.
Robert J. Cimino, County Attorney of Suffolk County, Hauppauge (Robert L. Garfinkle of counsel), for County of Suffolk, appellant-respondent.
Block, Amelkin & Hamburger, Smithtown (Richard Hamburger of counsel), for Shoreham-Wading River Public Library and another, appellants-respondents.
Murphy Bartol & O'Brien, Mineola (Ernest T. Bartol and Jeffrey P. Sharkey of counsel), and Emily Pines, Town Attorney of Town of Brookhaven, Medford, for Town of Brookhaven and another, appellants-respondents. (One brief filed.)
Rivkin, Radler & Kremer, Uniondale (Arthur J. Kremer, Evan H. Krinick and Merril S. Biscone of counsel), and Richard P. Bonnifield, Garden City, for Long Island Power Authority, respondent-appellant. (One brief filed.)
Robert J. Grey, Hicksville (Ronald J. Macklin of counsel), and Shea & Gould, New York City (Michael Lesch and John G. Nicolich of counsel), for Long Island Lighting Company, respondent-appellant. (One brief filed.)
SULLIVAN, J. P., O'BRIEN, RITTER and JOY, JJ., concur.
Appellate Division of the Supreme Court of the State of New York, Second Department.
Per Curiam.
In this declaratory judgment action, we are called upon to construe that section of the Long Island Power Authority Act that obligates the plaintiff Long Island Power Authority to make certain payments in lieu of taxes to the defendants, the taxing jurisdictions within which the Shoreham nuclear power plant is located.
I
In 1986, the Legislature determined that "a situation threatening the economy...
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