Town of Mentz v. Crandall

—Order unanimously reversed on the law with costs, motion denied, permanent injunction vacated and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Supreme Court erred in granting the motion of plaintiff, Town of Mentz (Town), for partial summary judgment seeking a permanent injunction prohibiting defendant from using his property as a junkyard. The court issued the injunction despite the fact that defendant had been issued junkyard licenses on a yearly basis since 1996. The Town issued those licenses pursuant to its Local Law No. 3…