Dobson Jamaica Realties, Inc. v. Town of Brookhaven

OPINION OF THE COURT

Joseph J asp an, J.

The defendants, in a collective abuse of legislative power, are depriving the plaintiffs of the beneficial use of their property. The question presented is whether this court may fashion a corrective remedy without violating the principle of separation of powers.

Plaintiff, Dobson Jamaica Realties, Inc. (Dobson), is the contract vendor of approximately 12 acres of land located on the easterly side of Old Coram Road (Route 112) and north of the Long Island Expressway in Medford, Town of Brookhaven, *723County of Suffolk. The plaintiff, Verden Development…