Francarl Realty Corporation et al v. The Town of East Hampton

Justia Dockets & Filings Second Circuit New York Eastern District Francarl Realty Corporation et al v. The Town of East Hampton

Francarl Realty Corporation et al v. The Town of East Hampton

Case Number:	2:2005cv01792
Filed:	April 11, 2005
Court:	US District Court for the Eastern District of New York
Office:	Central Islip Office
Presiding Judge:	Sandra J. Feuerstein
Presiding Judge:	William D. Wall
Nature of Suit:	Constitutional - State Statute
Cause of Action:	28 U.S.C. § 1331 Fed. Question
Jury Demanded By:	None

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Date Filed	Document Text
June 12, 2009	Filing 100 OPINION AND ORDER: Plaintiff failed to establish any incidental burden created by the Ferry Law upon interstate commerce and the Town proved the benefits envisioned and realized by the Ferry Law, reasonably concluding that there were no feasible miti gation measures, alternatives or other means to alleviate traffic generated by ferry service with a lesser impact upon interstate commerce. Therefore, a balancing of the Ferry Law's burdens and benefits shows no burden which is clearly excessiv e in relation to local benefits and no shifting of the costs of the Ferry Law to other jurisdictions. Based upon the foregoing, judgment is entered for the Defendant and the Complaint is dismissed. SO ORDERED. Ordered by Judge Sandra J. Feuerstein on 6/12/2009. (Brienza, Lauren)

Date Filed

Document Text

June 12, 2009

Filing 100 OPINION AND ORDER: Plaintiff failed to establish any incidental burden created by the Ferry Law upon interstate commerce and the Town proved the benefits envisioned and realized by the Ferry Law, reasonably concluding that there were no feasible miti gation measures, alternatives or other means to alleviate traffic generated by ferry service with a lesser impact upon interstate commerce. Therefore, a balancing of the Ferry Law's burdens and benefits shows no burden which is clearly excessiv e in relation to local benefits and no shifting of the costs of the Ferry Law to other jurisdictions. Based upon the foregoing, judgment is entered for the Defendant and the Complaint is dismissed. SO ORDERED. Ordered by Judge Sandra J. Feuerstein on 6/12/2009. (Brienza, Lauren)

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