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Landowner Did Not Establish Nonconforming Use Protection
Town of Riverhead v. Kar-McVeigh, LLC, 2024 WL 3514370, AppDiv, Second Dept. (memorandum opinion)
In the town's action for declaratory and injunctive relief precluding landlord from hosting catered events in tents, landowner appealed from Supreme Court's grant of a preliminary injunction and denial of landowner's motion to dismiss the complaint. The Appellate Division affirmed, holding that landowner had not established an entitlement to hold those events as a pre-existing nonconforming use.
Landowner operates a restaurant as a preexisting nonconforming use in an agricultural district. The town brought an action contending that hosting catered events in tents constituted a public nuisance and an expansion of a legal nonconforming use, which would require a special permit. Landowner sought dismissal of the complaint, relying on a 2004 determination by the town's zoning board of appeals that catering is a type of restaurant use. Supreme Court nevertheless denied landowner's motion to dismiss and granted the town's motion for a preliminary injunction.
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