Summary
upholding facial validity of similar moratorium enacted by the Town of Brookhaven, NY
Summary of this case from Somers Realty Corp. v. HardingOpinion
July 17, 1989
Appeal from the Supreme Court, Suffolk County (Lama, J.).
Ordered that the appeal from the order entered February 10, 1988 is dismissed, as that order was superseded by the order dated June 6, 1988, made upon reargument; and it is further,
Ordered that the order dated June 6, 1988 is affirmed insofar as appealed from; and it is further,
Ordered that the respondents are awarded one bill of costs.
Pursuant to Local Laws, 1987, No. 2 of the Town of Brookhaven, the town placed a moratorium for six months on certain development within the town while its master plan was being updated. In our view, this moratorium "was a reasonable measure designed to temporarily halt development while the town considered comprehensive zoning changes and was therefore a valid stopgap or interim zoning measure" (Matter of Dune Assocs. v Anderson, 119 A.D.2d 574, 575; see also, Matter of Charles v Diamond, 41 N.Y.2d 318; Matter of Lakeview Apts. v Town of Stanford, 108 A.D.2d 914). Furthermore, contrary to the plaintiff's argument, the record contains no "special facts" which would except this case from the general rule that a case must be decided on the law as it exists at the time of the decision (Matter of Mascony Transp. Ferry Serv. v Richmond, 71 A.D.2d 896, affd 49 N.Y.2d 969; Matter of West Lane Props. v Lombardi, 139 A.D.2d 748).
We have reviewed the plaintiff's remaining arguments and find them to be without merit (Matter of West Lane Props. v Lombardi, supra; Tilles Inv. Co. v Town of Huntington, 137 A.D.2d 118, 122, lv granted 73 N.Y.2d 709; First Lutheran Church v Los Angeles County, 482 U.S. 304; cf., Turnpike Woods v Town of Stony Point, 70 N.Y.2d 735).
We note that since this is a declaratory judgment action, the judgment, when entered, should contain a declaration that Local Laws, 1987, No. 2 of the Town of Brookhaven is constitutional (see, Lanza v Wagner, 11 N.Y.2d 317, 334, appeal dismissed 371 U.S. 74, cert denied 371 U.S. 901). Mangano, J.P., Brown, Lawrence and Eiber, JJ., concur.