Real Estate and Zoning Litigation

T. Kevin Murtha & Associates P.C. has litigated numerous real property issues on behalf of homeowners, developers and local governments. One such case involved our representation of a Village on Long Island against an Automotive Service and Repair facility. Our firm successfully had the facility removed from the residential area for non-conforming use. The automotive facility appealed and the Appellate Term affirmed the decision obtained by T. Kevin Murtha & Associates, P.C.

Supreme Court, Appellate Term, New York. 9th and 10th Judicial Districts.

Dec. 29, 2005.
10 Misc.3d 101, 810 N.Y.S.2d 790

Background: Defendants were convicted in the Justice Court of the Village of Bayville, Nassau County, David Wright, J., of using their premises as a new or used automobile or motor vehicle sales establishment without a special use permit. Defendants appealed. 

Holding: The Supreme Court, Appellate Term, held that sale of used automobiles was not valid accessory use of nonconforming automobile repair shop. Affirmed.

Zoning and Planning: Nonconforming accessory use cannot become the principal use as it would constitute an unlawful change of use.

T. Kevin Murtha & Associates, P.C., Westbury, for respondent.