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W.J.F. REALTY v. STATE OF NY

176 Misc.2d 763 (1998)

672 N.Y.S.2d 1007

W.J.F. Realty Corp. et al., Plaintiffs, v. State of New York et al., Defendants.

Supreme Court, Suffolk County.

April 22, 1998.

Attorney(s) appearing for the Case

Dennis C. Vacco, Attorney-General, Albany (James M. Tierney and John J. Sipos of counsel), for defendants. Esseks, Hefter & Angel, Riverhead (William W. Esseks of counsel), for plaintiffs.

WILLIAM L. UNDERWOOD, JR., J.

The matter sub judice is an action which challenges the constitutionality of the Long Island Pine Barrens Protection Act (ECL 57-0103 et seq.; L 1993, chs 262, 263 [the Act]) as it is written and as the Act is applied to individuals affected by it.

This controversy is occasioned by a clash between two dynamic impulses, the collective right to preserve natural...

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