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Berkoski v. Board of Trustees of Inc. Village of Southhampton

Other Lower Courts

January 2, 2008

Michele Berkoski and William Berkoski Jr; Zofia and Blazej Stec; and Barbara and Wieslaw Olko; Plaintiffs,
v.
The Board of Trustees of the Incorporated Village of Southampton; the Incorporated Village of Southampton; the Town Board of the Town of Southampton; the Town of Southampton; Mark Epley, in His Capacity as the Mayor of the Incorporated Village of Southampton and Member of the Police Committee of the Incorporated Village of Southampton; Patrick a Heaney, in His Capacity as the Supervisor of the Town of Southampton; the Police Committee of the Incorporated Village of Southampton; William Wilson, in His Capacity as a Member of the Police Committee of the Incorporated Village of Southampton; and Thomas Cummings, in His Capacity as a Member of the Police Committee of the Incorporated Village of Southampton; Defendants.

Editorial Note:

This case is not published in a printed volume and its disposition appears in a table in the reporter.

COUNSEL

TO: Borovina & Marullo PLLC, Attorneys for Plaintiffs.

Troutman Sanders LLP, Attorneys for Proposed Intervenors.

Richard E DePetris, Esq, Attorney for Defendant VILLAGE.

Puerto Rican Legal Defense & Education Fund, Attorneys for Proposed Intervenors.

Anthony B Tohill, Esq, Attorney for Defendant VILLAGE.

Jason B Aldrich, Esq, Judicial Watch, Inc, Attorneys for Proposed Amici Curiae.

Garrett W Swenson, Southampton Town Attorney, Attorney for Defendant TOWN.

OPINION

Jeffrey Arlen, J.

ORDERED, that the application of Plaintiffs' is hereby granted to the extent set forth herein below; the application of Proposed Intervenors is hereby denied in all respects; and the application for Proposed Amici Curiae Brief is hereby denied in all respects.

Plaintiffs move this Court (001) for an Order restraining, enjoining and prohibiting Defendants and/or their agents, or anyone acting on their behalf, or with their authority, and pending the trial of this action, from:

a. Using all or any portion of certain park property located at 61 Aldrich Land and 300 North Sea Road, Southampton, New York, and bearing SCTM No. 904-4-2-29 and 34 (the Park) for non-park purposes and non-recreational purposes, and in a manner that is contrary to or inconsistent with the specific uses and purposes prescribed by the Town of Southampton Code 140-6 and approved by the general electorate of the Town of Southampton when it approved a referenda establishing a community preservation fund program, pursuant to Town Law 64-e;

b. Taking any action that allows, promotes, facilitates or sanctions any managerial or administrative plan or policy, including actions to implement a plan or policy that allows, promotes, facilitates or sanctions the use of all or any part of the Park for non-park and non-recreational purposes, including its use as a place where persons may gather, loiter or stand for purposes of being hired on a permanent or temporary basis;

c. Creating, erecting, installing or enforcing a no-person buffer zone area in, on or adjacent to the Park;

d. Erecting any kind of barrier, fence or wall intended to prohibit, exclude or restrict the public's right to use all or any portion of the Park for park and recreational purposes, including those purposes and uses permitted by Town Law 64-c and Southampton Town Code 140-6;

e. Preventing the public, including families with children, from using and enjoying all or any portion of the Park for park and ...


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