On November 14, 2013, the New York State Court of Appeals issued an important land use ruling in favor of the Town of Brookhaven in Rocky Point Drive-In L.P. v. Town of Brookhaven, 21 N.Y.3d 1066. The unanimous decision upheld the Town’s rezoning of an 18-acre property in Rocky Point on Route 25A from retail to commercial recreational. The developer/property owner, which sought to build a big box retail center, unsuccessfully argued that the Town had intentionally delayed its site plan application and had selectively enforced a ban on large retail centers in the area. The decision has been praised by elected officials and civic leaders, as well as the Rocky Point School District Superintendent of Schools, who sees the potential for recreational development as important for the District’s students.
Jaspan partner Maureen Liccione, argued the case and was assisted on the brief by Robert Guido and Christopher Palmieri. This is Ms. Liccione’s second victory in the Court of Appeals on a significant municipal case. Gorman v. Town of Huntington, 12 N.Y.3d 275 (2009).
Maureen is a former New York City Assistant Corporation Counsel who has litigated significant land use cases throughout Long Island since 1985. She is a magna cum laude graduate of Siena College and received her J.D. from St. John’s University School of Law. Ms. Liccione is a frequent lecturer on municipal and land use topics at the Association of Towns, the Suffolk Academy of Law and at St. John’s. She is the former chair of the Suffolk Academy of Law Municipal Law Committee and is a member of the board of the Touro Law School Land Use and Sustainable Development Law Institute.