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TOWN OF SOUTHOLD v. TOWN OF EAST HAMPTON

No. 04-CV-3860 (SJF)(WDW).

406 F.Supp.2d 227 (2005)

The TOWN OF SOUTHOLD, the Town of Shelter Island, and Cross Sound Ferry Services, Inc., Plaintiffs, v. The TOWN OF EAST HAMPTON, Defendant.

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

December 21, 2005.

Attorney(s) appearing for the Case

Patricia A. Finnegan, Town of Southold Office of the Town Attorney, Laury L. Dowd, Laury L. Dowd, Esq., Southold, NY, William W. Esseks, Esseks, Hefter & Angel, Riverhead, NY, for Plaintiffs.

Michael B. Gerrard, Arnold & Porter, LLP, New York, NY, Richard C. Cahn, Cahn & Cahn, LLP, Melville, NY, for Defendant.

OPINION & ORDER

FEUERSTEIN, District Judge.

I. Introduction

This action was commenced by the Towns of Southold and Shelter Island (collectively, the "Town Plaintiffs") and Cross Sound Ferry Services, Inc. ("CSF") against the Town of East Hampton ("East Hampton" or "Defendant") seeking a declaration that Local Law No. 40 of 1997 of the Town of East Hampton (the "Ferry Law") is invalid. According to Plaintiffs, the Ferry Law violates the Dormant...

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