Suffolk Housing v. Town of Brookhaven

OPINION OF THE COURT

Chief Judge Wachtler.

Plaintiffs seek a judgment, among other things, declaring the zoning ordinance of the Town of Brookhaven void in its entirety because of the Town’s failure to exercise its zoning power (Town Law § 261) to enable development of sufficient low-cost shelter and ordering the Town to take affirmative action to rectify the perceived housing shortage. Both lower courts held that the Town of Brookhaven properly exercised its land use authority. In view of the affirmed findings, and because plaintiffs in this litigation, in essence, ask this court to undertake…