Ronnerman v. Luchsinger

In order to use property in the Town of Brookhaven for a gasoline service station application must be made to the Town Board for rezoning to “ J Business 5 ” District. This district is not geographically fixed, but rather available only to be applied to particular property by the Town Board on an application-by-application basis. Petitioner Ronnerman so applied and did obtain such change of zone which ostensibly gave him the ability to set up a “gasoline service station ” on the subject property.

However, when Ronnerman thereafter submitted a site plan to the respondent Planning Board for its…