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Brinkmann v. Town of Southold, New York

Takings Clause Claim Not Stated; Land Taken for Park Does Not Bestow Private Benefit

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MEMORANDUM AND ORDER Ben Brinkmann, Hank Brinkmann, and Mattituck 12500 LLC (“Plaintiffs”) bring this action against the Town of Southold, New York (“Defendant”) pursuant to 42 U.S.C. §1983 alleging a “pretextual taking” in violation of the Takings Clause of the Fifth Amendment of the United States Constitution. Defendant moves pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure to dismiss the complaint in its entirety. BACKGROUND1 Ben and Hank Brinkmann are brothers who, along with their sister, Mary Brinkmann, run a chain of four midsize hardware stores in Long Island. (Compl.

15-19, ECF No. 1.) In 2011, Plaintiffs set their sights on a vacant lot in Southold, New York, for expansion of their business, but Bridgehampton National Bank purchased the lot before Plaintiffs could purchase it. (Id.

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