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ROCKY POINT DRIVE-IN v. TOWN

No. 197.

21 N.Y.3d 729 (2013)

2013 NY Slip Op 7513

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

Court of Appeals of New York.

Decided November 14, 2013.

Attorney(s) appearing for the Case

Bracken Margolin Besunder LLP, Islandia ( Linda U. Margolin of counsel), for appellant.

Jaspan Schlesinger LLP, Garden City ( Maureen T. Liccione and Robert V. Guido of counsel), and Annette Eaderesto , Town Attorney, Farmingville, for respondents.

Davis & Prager, PC., Patchogue ( Larry Ray Davis of counsel), for Long Island Builders Institute, Inc., amicus curiae.

Sarah Brancatella, Albany , for Association of Towns of the State of New York, amicus curiae.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, PIGOTT and ABDUS-SALAAM concur.

OPINION OF THE COURT

RIVERA, J.

Rocky Point Drive-In, L.P. (Rocky Point), a landowner seeking to develop property located in the Town of Brookhaven (Town), appeals an order of the Appellate Division which reversed a declaratory judgment of the Supreme Court on the law and facts, and which determined that Rocky Point's site plan application should not be reviewed under a former, more favorable, zoning provision...

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