December 11, 2023

DSB obtained an Order upholding the validity of a local law through which a Long Island town re-zoned five acres of town-owned land for use as affordable housing. Among other things, locals who challenged the measure, argued that the land had been implicitly dedicated as a public park and thus, under the public trust doctrine, required State approval before being put to a different purpose. Initially, the Court issued a temporary restraining Order preventing the Town from moving forward with considering bids from developers; but, after careful consideration, the Court agreed that the Town was able to re-zone the parcel for affordable housing without needing to request State approval and that the local law had been validly passed by the Town Board.

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