Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Rocky Point Drive-In, L.P. v. Town of Brookhaven

Court of Appeals of New York

November 14, 2013

ROCKY POINT DRIVE-IN, L.P., Appellant,
v.
TOWN OF BROOKHAVEN et al., Respondents.

Page 730

[Copyrighted Material Omitted]

Page 731

[Copyrighted Material Omitted]

Page 732

[Copyrighted Material Omitted]

Page 733

[977 N.Y.S.2d 720] Bracken Margolin Besunder LLP, Islandia (Linda U. Margolin of counsel), for appellant.

Jaspan Schlesinger LLP, Garden City (Maureen T. Liccione and Robert V. Guido of counsel), and Annette Eaderesto, Town Attorney, Farmingville, for respondents.

Davis & Prager, P.C., Patchogue (Larry Ray Davis of counsel), for Long Island Builders Institute, Inc., amicus curiae.

Sarah Brancatella, Albany, for Association of Towns of the State of New York, amicus curiae.

Page 734

OPINION

RIVERA, J.

[999 N.E.2d 1165] Rocky Point Drive-In, L.P. (Rocky Point), a landowner seeking to develop property located in the Town of Brookhaven (Town), appeals an order of the Appellate Division which reversed a declaratory judgment of the Supreme Court on the law and facts, and which determined that Rocky Point's site plan application should not be reviewed under a former, more ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.