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Great Atlantic & Pacific Tea Co. v. Town of East Hampton

United States District Court for the Eastern District of New York
178 F.R.D. 39 (1998)


The Town of East Hampton (Town) (defendant) enacted a law (the Superstore Law) prohibiting retail stores larger than 25,000 square feet outside of the Central Business District (CBD). The Great Atlantic & Pacific Tea Co. (“A&P”) (plaintiff), which planned to develop a 33,878 square-foot store on a site outside the CBD, sued the Town in federal court, asserting that the Superstore Law: (1) was enacted beyond the Town’s authority, (2) violated 42 U.S.C. § 1983 and A&P’s rights to due process and equal protection under the New York and federal constitutions, and (3) constituted an illegal restraint of trade. The Town moved to dismiss for failure to state a claim. Group for the South Fork, Inc. (Group), an environmental organization dedicated to protecting the rural character of East Hampton and neighboring communities, sought to intervene as a defendant. Filings by the Group established that some of its members lived near A&P’s proposed store and that the Group was generally opposed to any major commercial development in the area, even if it complied with the Superstore Law. The court considered the Group’s motion.

Rule of Law


Holding and Reasoning (Wexler, J.)

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