Legal Opinion

Rocky Point Realty, LLC v. Town of Brookhaven

Appellate Division of the Supreme Court of the State of New York

Decided January 16, 2007PublishedCited by 7 opinions

1Opinion of the Court

Proceeding pursuant to EDPL 207 to review a determination of the Town of Brookhaven dated July 19, 2005, made after a public hearing, authorizing the condemnation of certain real property.

Adjudged that the determination is confirmed, with costs, the petition is denied, and the proceeding is dismissed.

Judicial review of a condemnation proceeding is limited to whether (1) the proceeding was in conformity with the federal and state constitutions, (2) the proposed acquisition was within *709the condemnor’s statutory jurisdiction or authority, (3) the condemnor’s determinations and findings were made…

2Cases cited11 opinions

  1. Jackson v. New York State Urban Development Corp.New York Court of Appeals · 1986
  2. Kaufmann's Carousel, Inc. v. City of Syracuse Industrial Development AgencyAppellate Division of the Supreme Court of the State of New York · 2002
  3. Greenwich Associates v. Metropolitan Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 1989
  4. Incorporated Village of Poquott v. CahillAppellate Division of the Supreme Court of the State of New York · 2004
  5. Wechsler v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 1990

6 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Aspen Creek Estates, Ltd. v. Town of BrookhavenAppellate Division of the Supreme Court of the State of New York · 2007
  2. Goldstein v. New York State Urban Development Corp.Appellate Division of the Supreme Court of the State of New York · 2009
  3. Matter of River St. Realty Corp. v. City of New RochelleAppellate Division of the Supreme Court of the State of New York · 2020
  4. City of Plattsburgh v. WeedAppellate Division of the Supreme Court of the State of New York · 2012
  5. Matter of Rocky Point Realty, LLC v. Town of BrookhavenAppellate Division of the Supreme Court of the State of New York · 2015

2 more not listed; retrieve them via the Exa API.

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