Town of Smithtown v. Carlson

—In an action to permanently enjoin the defendants from operating a sand mine on their property located at 140 Old Northport Road, Kings Park, the Town of Smithtown appeals from an order of the Supreme Court, Suffolk County (Newmark, J.), dated December 8, 1993, which denied its motion for a preliminary injunction.

Ordered that the order is affirmed, with costs.

In order to obtain preliminary injunctive relief against a violation of its zoning ordinances, a town must demonstrate that it has a likelihood of ultimate success on the merits, and that the equities are balanced in its favor (see,…