Legal Opinion
Town of Oyster Bay v. Baker
Appellate Division of the Supreme Court of the State of New York
Decided June 13, 2012PublishedCited by 5 opinions
1Opinion of the Court
In an action, inter alia, for permanent injunctive relief, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Jaeger, J.), dated May 25, 2011, as denied that branch of its motion which was to preliminarily enjoin the defendant from using certain real property in connection with the defendant’s landscaping business.
Ordered that the order is affirmed insofar as appealed from, with costs.
To obtain preliminary injunctive relief based on a violation of its zoning ordinances, a town need not satisfy the traditional three-part test for…
2Cases cited8 opinions
- First Franklin Square Associates, LLC v. Franklin Square Property AccountAppellate Division of the Supreme Court of the State of New York · 2005
- Incorporated Village of Freeport v. Jefferson Indoor Marina, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
- Town of Southampton v. SendlewskiAppellate Division of the Supreme Court of the State of New York · 1989
- Town of Huntington v. Pierce Arrow Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1995
- Town of Islip v. Modica Associates of NY 122, LLCAppellate Division of the Supreme Court of the State of New York · 2007
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Town of Carmel v. MelchnerAppellate Division of the Supreme Court of the State of New York · 2013
- Town of Brookhaven v. MMCCAS Holdings, Inc.Appellate Division of the Supreme Court of the State of New York · 2016
- Matter of Ferncliff Cemetery Assn. v. Town of GreenburghAppellate Division of the Supreme Court of the State of New York · 2020
- Matter of Town of Oyster Bay v. East Norwich Land Co., LLCAppellate Division of the Supreme Court of the State of New York · 2026
- Town of Carmel v. MelchnerAppellate Division of the Supreme Court of the State of New York · 2013