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DITTMER v. COUNTY OF SUFFOLK

No. 97-9272.

146 F.3d 113 (1998)

Henry DITTMER, and all others similarly situated (see exhibit A to the complaint which contains a listing of all plaintiffs and the identification of the properties they own within the Central Pine Barrens), Plaintiffs-Appellants, v. COUNTY OF SUFFOLK, Town of River-head, Town of Southampton, Town of Brookhaven, Central Pine Barrens Joint Planning and Policy Commission, Robert J. Gaffney, Ray E. Cowen, Vincent Connuscio, Felix Grucci and James Stark, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 4, 1998.

Attorney(s) appearing for the Case

Edward J. Ledogar, West Islip, NY, for Plaintiffs-Appellants.

James M. Tierney, Asst. Atty. Gen. of State of New York, Albany, NY (Dennis Vacco, Atty. Gen. of State of New York, Peter Schiff, Deputy Solicitor Gen. of State of New York, Lisa Burianek, Asst. Atty. Gen. of State of New York, Albany, NY, on the brief), for Defendants-Appellees.

Before: KEARSE and MAGILL, Circuit Judges, and HALL, District Judge.

HALL, District Judge:

Plaintiffs appeal from the dismissal of their action for a declaratory judgment that the Long Island Pine Barrens Protection Act ("the Act") is unconstitutional on its face. The Act establishes a comprehensive land use planning and regulatory framework for the Long Island Central Pine Barrens area ("the Area"). Plaintiffs, who are Area landowners, also sought to enjoin various state and local officials from implementing the Act. Relying on

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