MATTER OF ASPEN CREEK ESTATES, LTD. v. TOWN OF BROOKHAVEN


12 N.Y.3d 735 (2009)

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

Court of Appeals of New York.

Decided February 17, 2009.


Attorney(s) appearing for the Case

Ruskin Moscou Faltischek, P.C., Uniondale (Mark S. Mulholland, Christine McInerney and Jonathan C. Sullivan of counsel), for appellant.

Harvey B. Besunder, P.C., Islandia (Harvey B. Besunder and Zachary D. Dubey of counsel), for respondents.

Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum; Chief Judge LIPPMAN taking no part.


OPINION OF THE COURT

MEMORANDUM.

The judgment of the Appellate Division should be affirmed, with costs. The certified question should not be answered upon the ground that it is unnecessary.

Petitioner contends that the United States Supreme Court's decision in Kelo v New London (545 U.S. 469 [2005]), which dealt with takings for purposes of economic development, requires a preexisting farmland preservation plan...

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