RIVERHEAD – The East Hampton Town planning board’s refusal to review a subdivision application filed by Robert and Isaac Toussie has been upheld by Acting Supreme Court Justice Michael F. Mullen, who found the town’s bid to condemn the land for affordable housing pre-dated the application and served as a rational basis for refusing to consider it.

The Toussies, father and son developers and real estate investors, own one of 17 parcels comprising some 32 acres that the town has targeted for construction of the Green Hollow Woods affordable housing project.