Rogers v. Town of Brookhaven

Plaintiff brings this action for a declaratory judgment: that the defendant’s Zoning Ordinance and map are contrary to a comprehensive plan and therefore ineffective, that plaintiff’s property is confiscated by its present use, and that the refusal of the defendant to rezone the property was arbitrary, capricious, unreasonable, discriminatory and confiscatory.

The plaintiff Rogers is the owner of a parcel of land located on the southerly side of Route 25-A, East Setauket, totalling approximately four and one-half acres, with roughly 340 feet fronting on Route 25-A. The depth of this parcel is…