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Quality of life means different things to different people. But in rural communities in New York State, and Suffolk County in particular, quality of life includes farms and open space, and the preservation of land for uses other than houses and shopping centers.
The Appellate Division, Second Department, recently decided Long Island Pine Barrens Society, Inc. v. Suffolk County Legislature, 2018 WL 1309949, an important case that pitted the interests of farmers and conservationists against a local advocacy group focused on open space and water quality. In a case closely watched by preservationists all over the country, the court confirmed that land preserved for farming under a Suffolk County program can, in fact, continue to be used for farming, including the construction of barns and other improvements critical to agricultural production.
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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