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BASILE v. TOWN OF SOUTHAMPTON

89 N.Y.2d 974 (1997)

678 N.E.2d 489

655 N.Y.S.2d 877

Dorothy A. Basile, Appellant, v. Town of Southampton, Respondent.

Court of Appeals of the State of New York.

Decided February 18, 1997.

Attorney(s) appearing for the Case

Goldstein, Goldstein & Rikon, P. C., New York City (Michael J. Goldstein of counsel), for appellant.

Wayne D. Bruyn, Deputy Town Attorney of Town of Southampton, for respondent.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE and CIPARICK concur; Judge WESLEY concurs in result in an opinion; Judge TITONE taking no part.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

In 1980, claimant's family acquired 12 acres of property situated near Moriches Bay in the Town of Southampton. At that time, the land was zoned for residential development and subject to further regulation because of its location within the Tidal Wetlands and Ocean Beach Overlay District and the Tidal Floodplain Overlay District. In fact...

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