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MATTER OF ALLEN v. STROUGH

301 A.D.2d 11 (2002)

752 N.Y.S.2d 339

In the Matter of SUSAN ALLEN, Respondent, v. SCOTT A. STROUGH, as President of the Board of Trustees of the Freeholders and Commonalty of the Town of Southampton, et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 15, 2002.

Attorney(s) appearing for the Case

Hodgson Russ, LLP, New York City (Scott E. Silberfein and Stephen A. Aschettno of counsel), for appellants.

Anthonty B. Tohill, P.C., Riverhead, for respondent.

FEUERSTEIN, LUCIANO and SCHMIDT, JJ., concur.

OPINION OF THE COURT

PRUDENTI, P.J.

The case now under review, and the case of Matter of Poster v Strough (___ AD2d ___ [decided herewith]), reflect particular facets of a larger question, that is, the extent to which responsible government agencies should protect individual investments in shore-front properties at the risk of exacerbating the overall problem of coastal erosion to the detriment of the public at large. One particularly narrow aspect...

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