Francarl Realty Corporation et al v. The Town of East Hampton, No. 2:2005cv01792 - Document 100 (E.D.N.Y. 2009)

Court Description: 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)