Town of Brookhaven v. New York State Board of Equalization & Assessment

OPINION OF THE COURT

Smith, J.

This appeal raises the issue of whether, transition assessments as provided for by RPTL 545 are applicable to decreases in tax revenue resulting from the takeover and decommissioning of the Shoreham nuclear power plant by the Long Island Power Authority (LIPA), a corporate municipal instrumentality of New York State. Since the LIPA Act does not explicitly supersede RPTL 545, and transition assessments are consistent with LIPA’s obligation to make payments in lieu of taxes (PILOTS) (Public Authorities Law § 1020-q), the order of the Appellate Division should be…