Eminent Domain

Brinkman et al. v. Town of Southold

Court: Eastern District of New York
Docket No.: 21 CV 2468
Plaintiff: Brinkman, Hank Brinkman, Mattituck 12500 LLC (“Brinkmans”)
Defendant: Town of Southold (“Southold”)

Facts: Brinkmans were the owners of several hardware stores located throughout Long Island. In 2018, Brinkmans became interested in building a new hardware on a plot of land located in Southold. Brinkmans purchased the lot through a local bank and had a clause in the purchase agreement which permitted them to back out of the purchase if the construction of the store was not permitted by the town. Brinkmans revised the site plan three times to meet objections of local residents. Southold also engaged a marketing firm to perform a study at Brinkmans’ expense. In November 2018, Brinkmans finalized the purchase of the land. Following this purchase, Southold instituted several moratoriums on building on the purchased lot. In September, 2020, Southold held a hearing concerning the use of the lot as a passive use public park.

Holding: The Eastern District determined that its own review of a public entity’s decision to condemn property for a public use is limited. In this case, Southold followed the proper procedures in condemning the property. The Court held that its function is not to determine the motives of a public entity in condemning property so long as the property is to be used for a public use. Southold’s motion to dismiss was granted.

Submitted by: Philip Sanchez, Esq. (psanchez@herrick.com)

Precis: Davida S. Scher