VILLAGE GREEN AT SAYVILLE, LLC v. TOWN OF ISLIP

Docket No. 19-3353-cv August Term, 2021.

43 F.4th 287 (2022)

VILLAGE GREEN AT SAYVILLE, LLC, Plaintiff-Appellant, v. TOWN OF ISLIP, the Town Board of the Town of Islip, the Planning Board of the Town of Islip, Angie M. Carpenter, Steven J. Flotteron, Trish Bergin Weichbrodt, John C. Cochrane, Jr., Mary Kate Mullen, individually and in Their Official Capacity as Members of the Town Board of the Town of Islip, Edward Friedland, Kevin Brown, Anthony Musumeci, Joseph Devincent, Donald Fiore, Daniel Deluca, Michael Kennedy, Individually and in Their Official Capacity as Members of the Planning Board of the Town of Islip, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: August 5, 2022.


Attorney(s) appearing for the Case

MARK A. CUTHBERTSON , Huntington, N.Y., for Plaintiff-Appellant.

TIMOTHY F. HILL ( Lisa A. Perillo , on the brief), Messina Perillo Hill, LLP, Sayville, N.Y., for Defendants-Appellees.

John R. DiCioccio , Islip Town Attorney's Office (on the brief), Islip, N.Y., for Defendants-Appellees.

Before: POOLER, CHIN, and CARNEY, Circuit Judges.


In 2006, the Town of Islip, New York rezoned a vacant plot of land to allow Village Green at Sayville, LLC, a real estate developer, to build a housing complex Village Green hoped would be accessible to low-income and minority populations. The project languished for the next eight years, however, as the developer struggled...

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