MATTER OF VINELAND COMMONS, LLC v. BUILDING DEPT. OF TOWN OF RIVERHEAD

2016-02485. Index No. 21955/14.

165 A.D.3d 808 (2018)

86 N.Y.S.3d 513

2018 NY Slip Op 06748

In the Matter of Vineland Commons, LLC, Respondent, v. Building Department of Town of Riverhead et al., Appellants.

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

Decided October 10, 2018.


Ordered that the judgment is reversed, on the law, with costs, the petition/complaint is denied, and the hybrid proceeding and action is dismissed.

The petitioner/plaintiff (hereinafter the petitioner) purchased the subject property in 2001. In 2004, the Town of Riverhead amended the zoning classification for the subject property, placing it in a "Rural Corridor (RLC) Zoning Use" district, in which retail was not a permitted use of the property. In 2014, the petitioner...

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