On January 28, Kincade Enterprises LLC and Peter and Linda Bodkin filed a lawsuit against the Town of Brookhaven, alleging civil rights violations over zoning changes that block their property’s development. They argue the restrictions constitute an illegal taking without fair compensation.
The plaintiffs argue that they have been deprived of their right to develop a 114,105-square-foot parcel located at 2565 Montauk Highway in Brookhaven. This property has been in their possession since September 1999 and was initially zoned for commercial use. However, according to the complaint, the Town of Brookhaven implemented zoning changes as part of the Carmen’s River Conservation and Management Plan in October 2013. These changes included downzoning the area to an A-2 Residence District in January 2015, which requires a minimum lot size of 80,000 square feet for residential development.
The plaintiffs assert that these zoning changes have effectively stripped them of any economically viable use of their property. They claim this constitutes a violation of their substantive due process rights under the Fourteenth Amendment and amounts to a regulatory taking under both the Fifth and Fourteenth Amendments. "The actions by Town of Brookhaven violated the Equal Protection and Due Process Clauses," states the complaint.
In response to these alleged infringements on their rights, Kincade Enterprises LLC is seeking compensatory damages for economic losses incurred due to these zoning restrictions. They are also requesting reasonable attorney’s fees and costs associated with pursuing this legal action. The plaintiffs emphasize that they had legitimate investment-backed expectations when they acquired the property and that these expectations have been completely undermined by the Town's actions.
Representing Kincade Enterprises LLC are attorneys from Keegan & Keegan, Ross & Rosner law firm based in Patchogue, New York. Christopher Ross is listed as one of the primary attorneys handling this case. The case was filed in the United States District Court for the Eastern District of New York under Case ID: 2:25-cv-00476.