IN THE MATTER OF NORTH SHORE FARMS v. TOWN OF RIVERHEAD


54 A.D.3d 1041 (2008)

In the Matter of NORTH SHORE FARMS, Appellant, v. TOWN OF RIVERHEAD et al., Respondents.

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

September 30, 2008.


Ordered that the judgment is affirmed, with costs.

In January 2005, at a meeting with town officials, the petitioner received notice that its property had been rezoned to preclude its use as a composting business, and that its application for a special permit for that use of the property was considered academic. The instant proceeding to compel the issuance of the special use permit was not commenced until approximately seven months later, in August 2005. Accordingly...

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