BROOKHAVEN BAYMEN'S ASSN., INC. v. TOWN OF SOUTHAMPTON

2019-05726. Index No. 4244/09.

201 A.D.3d 856 (2022)

2022 NY Slip Op 00394

Brookhaven Baymen's Association, Inc., et al., Appellants, v. Town of Southampton et al., Respondents.

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

Decided January 26, 2022.


Attorney(s) appearing for the Case

J. Lee Snead , Bellport, NY, for appellants.

Devitt Spellman Barrett, LLP, Smithtown, NY ( John M. Denby of counsel), for respondents Town of Southampton and Town Board of the Town of Southampton.

Joseph Lombardo , Water Mill, NY, for respondent Trustees of the Freeholders and Commonalty of the Town of Southampton.

Rivera, J.P., Hinds-Radix, Ford and Dowling, JJ., concur.


Ordered that the order is affirmed insofar as appealed from, with one bill costs to the respondents appearing separately and filing separate briefs, and the matter is remitted to the Supreme Court, Suffolk County, for the entry of a judgment, inter alia, declaring that Local Law No. 21 (2008) of the Town of Southampton, chapter A340 of the Town Code of the Town of Southampton, and portions of chapter 278 of the Town Code of the Town of Southampton are not unconstitutional...

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