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WESTHAMPTON HOUSE, INC. v. CAREY

No. CV-80-2212.

506 F.Supp. 215 (1980)

WESTHAMPTON HOUSE, INC., Plaintiff, v. Honorable Hugh L. CAREY, as Governor of the State of New York; County of Suffolk, State of New York; Peter F. Cohalan, County Executive of the County of Suffolk, Individually and in His Official Capacity; Rudolph M. Kammerer, Commissioner of the Department of Public Works of the County of Suffolk, Individually and in His Official Capacity; Department of Environmental Conservation of the State of New York; Donald J. Middleton as Regional Director of the New York State Department of Environmental Conservation, Region I; United States Army Corps of Engineers; Colonel Walter M. Smith, Jr., as District Engineer, New York District, United States Army Corps of Engineers, Defendants.

United States District Court, E. D. New York.

October 16, 1980.

Attorney(s) appearing for the Case

Robert Rivkin, San Francisco, Cal., for plaintiff.

Robert Abrams, Atty. Gen. of the State of New York by Beryl Kuder, Asst. Atty. Gen., New York City, for defendant State of New York.

David J. Gilmartin, Suffolk County Atty., Hauppauge by Jane E. Conway, Smithtown, for defendant Suffolk County.

Edward R. Korman, U. S. Atty. by Richard P. Caro, Asst. U. S. Atty., Brooklyn, N. Y., for defendant United States of America.

DECISION AND ORDER

BRAMWELL, District Judge.

The instant motion for a mandatory preliminary injunction involves this Court in a bureaucratic snarl engendered principally by the forces of nature. The plaintiff, a cooperative apartment housing 74 families, seeks this Court's assistance in its battle to obtain a means of diverting the waters of Long Island's South Shore from intruding upon its domain. Essentially, this motion asks this Court to direct one of...

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