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Lawyer David Holland of Holland Schriever LLP for the plaintiffs writes

We succeeded in our Article 78 proceeding seeking to overturn the Town of Riverhead Zoning Board of Appeal denial of a variance. We challenged that on the grounds that a variance should not have been necessary and even if so it was arbitrarily and capriciously denied. Further, we argued that the Town Zoning Code was preempted by state law.

As you will see in the attached opinion by Justice Hensely, Supreme Court, Suffolk County, we have won on all points.

He further found state law to preempt significant aspects of the Town Zoning Code.

To my knowledge, this is the first significant victory in Long Island to overturn zoning codes and denials.

Especially interesting this week when the OCM has just worked out it doesn’t know how to measure distances. So, if any local zoning boards wanted to change their rules so that cannabis businesses didn’t have to upsticks and move 50 yards down the road this suggests this jparticular udgement might trump that approach to solving the very sticky position they’ve just landed themselves in.

Never a dull moment in New York.

Here’s the judgement in full