Kogel v. Zoning Board of Appeals of Town of Huntington

58 A.D.2d 630 (2d Dept.), lv. denied, 13 N.Y.3d 701 (2009).  On an appeal on behalf of neighboring property owners, we successfully obtained judicial annulment of a town zoning board determination which had allowed the expansion of a motel without a use variance.  The appellate court agreed with us that the zoning board was estopped from reversing its prior determination with respect to the same issue, that the determination was irrational and that the board failed to comply with the State Environmental Quality Review Act.