City of White Plains v. Amodio's Garden Center & Flower Shop, Inc.

In an action to permanently enjoin the defendants from processing topsoil and mulch at their nursery business, the plaintiff appeals from a judgment of the Supreme Court, Westchester County (Colabella, J.), entered April 17, 2009, which, upon an amended decision of the same court dated February 26, 2009, made after a nonjury trial, finding, inter alia, that the defendants’ operation of the nursery business constituted a preexisting nonconforming use and that the processing of topsoil and mulch did not constitute an expansion of the pre-existing nonconforming use, is in favor of the defendants…