Centerport Bird Sanctuary, Inc. v. Town of Huntington

— Proceeding pursuant to EDPL 207 to review a determination of the Town Board of the Town of Huntington, dated November 26, 1985, which determined, inter alia, that the town should acquire certain lands owned by the petitioners to prevent the deterioration of the Titus Mill Pond.

Adjudged that the determination is confirmed, and the proceeding is dismissed on the merits, without costs or disbursements.

The petitioners maintain that the town failed to demonstrate any public use or benefit which would justify the instant condemnation of their property. There was evidence in the record that the…