Toussie v. The County of Suffolk

In this hybrid Article 78 and declaratory judgment action, the petitioners/plaintiffs (hereinafter referred to collectively as the Toussie plaintiffs) seek an order annulling and vacating, pursuant to CPLR 7803: (1) a determination of the Suffolk County Legislature (the Legislature) made on December 9, 2002, disapproving an introductory resolution that authorized the execution and delivery to the Toussie plaintiffs the deeds to fifteen parcels of surplus properties purchased by the Toussie plaintiffs as the highest bidders at a public auction conducted by the respondent/defendant County of Suffolk (the County) on May 16, 2002; (2) a subsequent determination made by the Legislature, striking an introductory omnibus resolution that authorized the execution and delivery of deeds to all of the successful bidders at a public auction of surplus properties held by the County on May 15, 2002 and May 16, 2002 on the grounds that both determinations were made in violation of lawful procedure, were affected by errors of law, and were arbitrary and capricious; (3) directing the County to execute and deliver to the Toussie plaintiffs the deeds of the fifteen parcels in question upon payment of the balance of the respective purchase prices; and (4) declaring, pursuant to CPLR 3001 and CPLR 3017, that the Toussie plaintiffs are legally entitled to receive deeds to those parcels of property as to which they were the successful bidders at the aforementioned public auction on May 16, 2002 upon payment of the balance of the respective purchase prices.

The facts which gave rise to the proceeding/action are largely uncontested and are as follows. On May 15, 2002 and May 16, 2002 the County conducted public auctions for surplus properties in accordance with the Suffolk County Administrative Code §A-14-30. In furtherance thereof the County authored an Auction Sale Booklet and distributed same to prospective bidders. That booklet contained the “Terms and Conditions of Sale,” which comprised the entire contract of sale between the County and the prospective purchaser/successful bidder. The “Terms and Conditions of Sale” contained the following provisions at paragraph 18: