Full Case (PDF)

Jacobowitz & Gubits congratulates David Gandin on his successful defense of the trial court decision permanently enjoining the Ace Motocross track from operating a commercial racetrack in a residential zoning district in violation of the Town of Plattekill Zoning Code. We successfully obtained a decision awarding summary judgment to the Town on its claim that the Ace track’s failure to comply with a “grandfathering” provision in the Town code barred it from continuing to operate. Under that provision, all tracks that demonstrated to the Town that they were a preexisting nonconforming use could continue to operate despite the enactment of a zoning amendment barring the operation of off-road motorized vehicles in residential zoning districts.

After, the Ace track failed to avail themselves of this opportunity to continue operating, J&G argued successfully on behalf of the Town for an injunction of its illegal operation. Ace appealed the trial court decision. Gandin successfully argued before the Appellate Division that the track had no legal right to continue operating despite claims it was a preexisting nonconforming use. In a unanimous decision, the court agreed and upheld the injunction.

If you have questions concerning the impact of zoning regulations and their impact on your home or business, give J&G a call. Our extensive land use and municipal background places us in a unique position to provide sound practical legal counsel in this area.