On January 13, 2022, the Brookhaven Town Board voted unanimously to adopt new legislation that creates the Greater Bellport Overlay District. The law aims to foster redevelopment in the hamlet of Bellport and encourages the creation of more affordable housing in the area. The new legislation creates four distinct overlay sub-districts that are designed to
Court of Appeals Affirms Appellate Division Decision Invalidating Town’s Discharge Ordinance
In a unanimous decision, the Court of Appeals upheld the Second Department’s decision in Hunters For Deer v Town of Smithtown that the Town may not regulate discharge setbacks for bow and arrow in a manner inconsistent with State law. In that decision, the Second Department held that long bows could not be defined
No Standing to Protect the Pine Barrens
Before adjudication, a court must determine whether a plaintiff has standing. Standing means that the party has a right to access the courts for a particular dispute. A petitioner bears the burden to show an actual injury and that the violated statute was meant to prevent this type of injury. In land use matters specifically,