McGann v. Incorporated Village of Old Westbury

OPINION OF THE COURT

Thomas P. Phelan, J.

Plaintiffs’ application for injunctive relief is denied. For the *315reasons hereinafter stated, the court finds that plaintiffs have failed to establish the elements of the tripartite test for preliminary injunctive relief.

Plaintiff Roman Catholic Diocese of Rockville Centre is the current owner of a 100-acre parcel of land located on Jericho Turnpike in the Incorporated Village of Old Westbury (the property).

By this application plaintiffs (the Diocese) seek three directions from this court to the defendants (the Village): that the Village permit the…