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FRANCARL REALTY CORP. v. TOWN OF EAST HAMPTON

No. 05-CV-1792 (SJF)(WDW).

628 F.Supp.2d 329 (2009)

FRANCARL REALTY CORPORATION, Viking Star, Inc., Viking Starship, Inc., Viking Quest, Inc., Viking Good Times, Inc., Paul G. Forsberg, Sr., Hank Lackner, George Shiminski, William J. Modica, Strettle F. Whitting, and William Grimm, Plaintiffs, v. The TOWN OF EAST HAMPTON, Defendant.

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

June 12, 2009.

Attorney(s) appearing for the Case

Steven Barshov, Ashley S. Miller, Sive, Paget & Reisel, P.C., New York, NY, for Plaintiffs.

Adam D. Orford, 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

Suffolk County, New York (the "County") is the easternmost county on Long Island, separated from Connecticut on the north by Long Island Sound and bordered on the west by Nassau County.1 The County divides into two "forks" in the Town of Riverhead. Located between the two forks is an island, the Town of Shelter Island.

The northern fork, (the "North...

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