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ROCKY POINT DRIVE-IN, L.P. v. TOWN OF BROOKHAVEN

2010-01714.

93 A.D.3d 653 (2012)

939 N.Y.S.2d 865

2012 NY Slip Op 1665

ROCKY POINT DRIVE-IN, L.P., Respondent-Appellant, v. TOWN OF BROOKHAVEN et al., Appellants-Respondents.

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

Decided March 6, 2012.

Ordered that the judgment is reversed insofar as appealed from, on the law and the facts, with costs, and it is declared that the plaintiff is not entitled to have its site plan application reviewed in accordance with the zoning designation that was in effect on the day that the plaintiff's site plan application was filed; and it is further,

Ordered that the cross appeal is dismissed as academic, in light of the determination...

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