We represent Brinkmann Hardware Corp. which owns a wooded lot in Mattituck, Suffolk County. The family-owned business operates four hardware stores across Long Island. The Town of Southold has used every trick to prevent the construction of the Mattituck hardware store, including imposing a nonsense moratorium.
Southold lost every round in Court, so what does it do when it cannot stop construction, authorize condemning the land.
The Institute for Justice filed suit in Federal District Court to stop the condemnation alleging a violation of due process and the Fifth Amendment. I note that there really is no public purpose or use to support the taking. The Town has stated that the purpose is to make the land a natural park. I have no idea what that means. I inspected the land and observed a heavy tree parcel where it is quite difficult to walk. It is bordered by heavy traffic roadways with no parking. In short, the public purpose is a sham.
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