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ASPEN CR. v. TOWN BROOKHAVEN

47 A.D.3d 267 (2007)

848 N.Y.S.2d 214

In the Matter of ASPEN CREEK ESTATES, LTD., Petitioner, v. TOWN OF BROOKHAVEN et al., Respondents.

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

December 4, 2007.

Attorney(s) appearing for the Case

Ruskin Moscou Faltischek, P.C., Uniondale (Mark S. Mulholland and Douglas Cooper of counsel), for petitioner.

Harvey B. Besunder, P.C., Islandia (Harvey B. Besunder of counsel), for respondents.

CRANE, J.P. and FISHER, J., concur; LIFSON, J., dissents and votes to grant the petition and annul the determination in a separate opinion.

OPINION OF THE COURT

KRAUSMAN, J.

The subject of this condemnation proceeding is a 39-acre parcel of farmland (hereinafter the property) which the petitioner Aspen Creek Estates, Ltd. (hereinafter Aspen Creek), purchased for residential development. The property is located in a portion of the Town of Brookhaven known as the "Manorville Farmland Protection Area." The Manorville Farmland Protection Area is an approximately...

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