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Release of Pineland Development Restrictions Invalidated
Once Suffolk County pays a landowner to acquire Pineland Development Rights, can the county give some of those rights back to the landowner, without even requiring the landowner to pay for them? When the county enacted a local law authorizing a local body to do just that, an environmental group challenged the local law, and the litigation reached Suffolk County Supreme Court in Matter of Long Island Pine Barrens Society, Inc. v. Suffolk County Legislature, 2016 NY Slip Op 26321. That court, in an opinion by Justice Thomas F. Whelan, invalidated the local law. The court's decision appears unimpeachable as a matter of equity, but the legal bases for the court's decision raise a number of questions.
The Case
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