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INCORPORATED VIL. OF W. HAMPTON DUNES v. SEMLEAR

2014-03040, 2014-04414, Index No. 39304/10.

127 A.D.3d 1024 (2015)

11 N.Y.S.3d 606

2015 NY Slip Op 03325

INCORPORATED VILLAGE OF WEST HAMPTON DUNES, Individually and in Parens Patriae on Behalf of its Residents, Respondent, v. JON S. SEMLEAR et al., as Trustees of the FREEHOLDERS AND COMMONALTY OF THE TOWN OF SOUTHAMPTON, Appellants, et al., Defendants/Respondents.

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

Decided April 22, 2015.

In a hybrid action, inter alia, for a judgment declaring that the defendants/respondents Jon S. Semlear, Frederick C. Havemyer, Eric Schultz, Edward J. Warner, Jr., and William Pell, as Trustees of the Freeholders and Commonalty of the Town of Southampton, have no lawful regulatory authority over the placement and grading of sand and earth or the development, construction, maintenance, and use of structures and lands upon the...

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