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Town Entitled to Injunction To Enforce Zoning

A court granted summary judgment to the Town of Southold enjoining continued violation of the local zoning ordinance. In Town of Southold v. Estate of Edson, the court restated several basic principles relating to enforcement of local zoning:

“plaintiff was entitled to injunctive relief to enforce its zoning laws…and estoppel is generally unavailable to prevent a municipality from discharging its statutory duties… Moreover, a building permit issued due to a misrepresentation by the applicant or an error by the municipal agency cannot confer rights in contravention of the zoning laws, and is subject to corrective action, even where the results may be harsh (see Matter of Parkview Assoc. v City of New York, 71 NY2d at 282; Town of Putnam Val. v Sacramone, 16 AD3d 669, 670; McGannon v Board of Trustees for Vil. of Pomona, 239 AD2d 392, 393; Baris Shoe Co. v Town of Oyster Bay, 234 AD2d 245; Welland Estates v Smith, 109 AD2d 193, 196, affd 67 NY2d 789).”

-Steven Silverberg

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