Practice point: To obtain preliminary injunctive relief based on a violation of its zoning ordinances, a town must demonstrate that it is likely to succeed on the merits and that the equities are balanced in its favor.
Practitioners should note that zoning ordinances will be strictly construed against the municipality, and any ambiguity in the language must be resolved in favor of the property owner.
Case: Town of Riverhead v. Gezari, NY Slip Op 05320 (2d Dept. 2009)
The opinion is here.
Monday’s issue: Motion practice.
