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STUTCHIN v. TOWN OF HUNTINGTON

No. CV983580 ADS.

71 F.Supp.2d 76 (1999)

Burt H. STUTCHIN and Cheryl Stutchin, Plaintiffs, v. TOWN OF HUNTINGTON and Incorporated Village of Lloyd Harbor, Defendants.

United States District Court, E.D. New York.

September 28, 1999.

Attorney(s) appearing for the Case

Burt Stutchin, Hempstead, NY, Pro Se.

James F. Matthews, Huntington Town Attorney, Huntington, NY (Robert De Gregario, Special Assistant Town Attorney, Heidi Levine-Sorken, Assistant Town Attorney, of Counsel), for Town of Huntington.

Humes & Wagner, Locust Valley, NY (James A. Bradley, John Ritter, Jr., Linda S. Agnew, of Counsel), for Defendant Incorporated Village of Lloyd Harbor.

MEMORANDUM DECISION AND ORDER

SPATT, District Judge.

This case involves the constitutionality of the Village of Lloyd Harbor Code which provides that docks in Lloyd Harbor shall be limited in length to seventy-five (75) feet seaward, and that in no event shall the seaward end of the dock extend beyond the point where the mean low water depth exceeds two (2) feet. This Village Code provision effectively prevents boats with a draft of two feet or more...

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