Town of Islip v. P.B.S. Marina, Inc.

In an action to permanently enjoin the defendants from operating a marina in the community of Seaview, Fire Island, Town of Islip, the defendants appeal from a judgment of the Supreme Court, Suffolk County (Gerard, J.), dated May 4, 1987, which, after a nonjury trial, permanently enjoined them from operating the marina.

Ordered that the judgment is reversed, on the law, with costs, and the action is dismissed.

We find that the plaintiff failed to prove that there was a termination through discontinuance of the appellants’ approximately 40-year, preexisting, nonconforming use of the subject…