Preble Aggregate Inc. v. Town of Brookhaven, 43 N.Y.2d 1002 (1978)
When a zoning board of appeals approves a special use permit determining that a proposed use complies with the town code, the planning board lacks the authority to disapprove a site plan based on a violation of the same town code.
Summary
Preble Aggregate obtained a special use permit from the Brookhaven Zoning Board of Appeals to operate an automobile shredder plant. The Brookhaven Planning Board subsequently disapproved Preble’s site plan, arguing the proposed use violated the Brookhaven Town Code. The New York Court of Appeals held that because the Zoning Board had already determined the use was compliant with the Town Code when issuing the special use permit, the Planning Board lacked the authority to disapprove the site plan based on the same code violations. The court reversed the Appellate Division’s order and reinstated the Supreme Court’s judgment.
Facts
Brookhaven Zoning Board of Appeals issued a special use permit to Preble Aggregate Inc. to operate an automobile shredder plant.
The Brookhaven Planning Board subsequently disapproved Preble’s site plan.
The Planning Board’s disapproval was based on the argument that Preble’s proposed use violated the Brookhaven Town Code.
Procedural History
The Supreme Court, Suffolk County, initially ruled in favor of Preble Aggregate.
The Appellate Division reversed the Supreme Court’s decision, but the Court of Appeals reversed the Appellate Division’s order and reinstated the Supreme Court’s judgment.
Issue(s)
Whether the Brookhaven Planning Board had the authority to disapprove Preble Aggregate’s site plan based on violations of the Brookhaven Town Code, after the Zoning Board of Appeals had already issued a special use permit determining the use complied with the same code.
Holding
Yes, because the Brookhaven Zoning Board of Appeals had already approved the proposed use by issuing a special use permit and determining the use was in compliance with the Brookhaven Town Code, the Brookhaven Planning Board was without power to disapprove the site plan on the grounds that the use violated the Brookhaven Town Code.
Court’s Reasoning
The Court of Appeals reasoned that once the Zoning Board of Appeals, the body authorized to determine compliance with the Brookhaven Town Code for special use permits, had already deemed the proposed use compliant, the Planning Board could not subsequently disapprove the site plan based on the same code violations. The court relied on Brookhaven Town Code, § 85-160A and 2 Rathkopf, Law of Zoning and Planning [4th ed], § 30.04. The court stated: “The Brookhaven Zoning Board of Appeals, having issued petitioner a special use permit to operate an automobile shredder plant, determined that petitioner’s proposed use was in compliance with the Brookhaven Town Code. The use being so approved, the Brookhaven Planning Board was without power to disapprove petitioner’s site plan on the ground that petitioner’s use violated the Brookhaven Town Code.” The court also noted that the validity of the special use permit itself was not challenged in a separate proceeding and thus was not properly before the court. The dissenting judges agreed with the Appellate Division’s analysis and disposition, emphasizing the importance of upholding the stipulation of judgment absolute.