Schwartz v. Town of Huntington Zoning Board of Appeals

No. 00-CV-912 ADS VVP (191 F.R.D. 357) (E.D.N.Y. March 24, 2000)

ELR Digest

The court grants a construction company's motion to intervene in an annulment action brought by a group of residents against a local zoning board that issued the company a special use permit to construct a congregate care facility. The court first notes that the parties concede that the motion is timely. The court next holds that the company has a real substantial interest in the lawsuit. The company received a special use permit issued by the zoning board, which the residents seek to have annulled. The court then holds that the company's property interest may be impaired if the residents are successful in annulling the special use permit. The court also holds that in light of the adversarial litigation posture taken by the zoning board in prior legal proceedings between the company and the zoning board, the company made a sufficiently strong showing that its interests are not adequately protected by the zoning board even though the company does not assert a separate or different legal defense.

The full text of this decision is available from ELR (3 pp., ELR Order No. L-196).

Counsel for Petitioners
Laurence S. Jurman
Law Offices of Laurence S. Jurman
425 Broadhollow Rd., Melville NY 11747
(631) 777-1355

Counsel for Respondent
Kevin G. Snover
Law Offices of Kevin G. Snover
816 Deer Park Ave., N. Babylon NY 11703
(631) 422-2900

[30 ELR 20486]

[OPINION OMITTED BY PUBLISHER IN ORIGINAL SOURCE]