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MATTER OF DENTON v. TOWN OF BROOKHAVEN

32 A.D.3d 395 (2006)

819 N.Y.S.2d 547

In the Matter of RANEE DENTON, Appellant, v. TOWN OF BROOKHAVEN et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

August 1, 2006.

Ordered that the judgment is affirmed, with costs.

Generally, "[a] court will apply the zoning ordinance currently in existence at the time a decision is rendered unless `special facts' are present to demonstrate that the municipality acted in bad faith and unduly delayed acting upon an application while the zoning law was being changed . . . [T]here are no special facts in this case that would warrant an exception to the...

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