301 West Main Street v. Bay Shore-Brightwaters Public Library

301 West Main Street v. Bay Shore-Brightwaters Public Library, Suffolk County Index No. 16114/2014 (Suffolk County Sup. Ct. 2015).  We successfully represented the Board of Trustees of our Public Library client against a challenge to its determination to withhold consent for the redevelopment of a neighboring property into a gasoline service station.  A provision of the applicable Town of Islip zoning code prohibited the construction of a service station within 200 feet of a public library without its written consent.  The Supreme Court agreed with our arguments that the Board’s determination was not reviewable by the Court.  It further agreed that, insofar as the property owner challenged the applicability of the Town zoning code provision in the first place, the Town Zoning Board of Appeals (“ZBA”) was a “necessary party” and should have been (but was not) joined in the litigation, and that, in any event, the property owner’s challenge was “moot” because the ZBA had already denied the property owner’s application for a variance from the 200-foot requirement.