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MATTER OF ROCKY POINT REALTY, LLC, v. TOWN OF BROOKHAVEN

36 A.D.3d 708 (2007)

828 N.Y.S.2d 197

In the Matter of ROCKY POINT REALTY, LLC, Petitioner, v. TOWN OF BROOKHAVEN, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided January 16, 2007.

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 the condemnor's statutory jurisdiction or authority, (3) the condemnor's determinations and findings were made in accordance...

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