December 20, 2022

DSB successfully obtained a consent order resolving an action for injunctive relief regarding local zoning, land use, and building code violations. The property in Mastic Beach had been used for, among other things, a gas station and auto repair shop since before the local zoning code was enacted, but the usage of the property had, at least in part, expanded and changed over time to the point that some of the usage was materially different than what had been grandfathered. When a resolution could not be obtained despite a series of appearance tickets and enforcement actions in the local District Court, DSB was retained to commence an action for injunctive relief in the New York State Supreme Court. Certain issues were resolved immediately, and the blighted conditions in the exterior of the premises were addressed, but the question of defining the precise scope of what was allowed to continue as a grandfathered use was referred to a hearing. Prior to the hearing, the Town and the property owner were able to reach a voluntary agreement and enter in to a consent order as to what uses were permissible and what aspects of the property needed to be brought up to code.