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

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Appellant was a land owner seeking to develop property located in the Town of Brookhaven as a site for a Lowe's Home Improvement Center. The Town sought to rezone property that included Appellant's parcel from "J Business 2" (J-2) to commercial recreation (CR) zoning. The proposed Lowe's Center would not have complied with the CR zone classification. Before a hearing on the classification issue, Appellant's predecessor in interest submitted a site plan application to the Town for the Lowe's Center to be built on the parcel. The Town subsequently adopted a resolution rezoning the parcel to CR. Appellant sought a declaration that the site plan application was subject to review under the previous J-2 zoning classification because the Town had unduly delayed the review of the application. On remand, Supreme Court concluded that special facts warranted the application of the previous J-2 zoning classification to Appellant's application. The Appellate Division reversed. The Court of Appeals affirmed, holding that Appellant failed to meet the threshold requirement that it was entitled to the requested land use permit under the law as it existed when it filed its application, and the special facts exception did not apply to this case. View "Rocky Point Drive-In, L.P. v Town of Brookhaven" on Justia Law