Schwartz v. Town of Huntington Zoning Board of Appeals

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

Presently before the Court is the motion by Sunrise Development, Inc. (“Sunrise”), Dignity Home Care, Inc. (“Dignity”) and John Does 1-76 to intervene in this action. Sunrise seeks to construct, and Dignity seeks to manage, a congregate care facility on Deer Park Avenue in the Town of Huntington. In 1997, Sunrise entered into a purchase and sale agreement for the property, and applied to the Town of Huntington Zoning Board of Appeals (“Zoning Board”) for a special use permit to authorize construction in an otherwise residential area.…