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Landowner Did Not Establish Nonconforming Use Protection
Town of Riverhead v. Kar-McVeigh, LLC, 2024 WL 3514370, AppDiv, Second Dept. (memorandum opinion)
In the town's action for declaratory and injunctive relief precluding landlord from hosting catered events in tents, landowner appealed from Supreme Court's grant of a preliminary injunction and denial of landowner's motion to dismiss the complaint. The Appellate Division affirmed, holding that landowner had not established an entitlement to hold those events as a pre-existing nonconforming use.
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