Nassau County Supreme Court Reverses Denial of Application to Subdivide Former Mixed-Use Property
McLaughlin Stern partner Christian Browne recently secured a key victory for his client in the case of RNK Properties vs. Town of Hempstead Board of Appeals. The case arose out of the Town of Hempstead Board of Appeals’ decision to deny RNK Properties’ application to subdivide a former mixed-use property in East Rockaway.
The property at issue in the case was a former mixed-use residential and marina property that included an abandoned commercial marina. RNK Properties sought to subdivide the property into three new residential building lots. RNK filed an application for the variances needed to subdivide the property as desired, but the Town of Hempstead Board of Appeals (the “Board”) denied RNK Properties’ application.
Mr. Browne filed an appeal on behalf of RNK Properties; and, on appeal, the Nassau County Supreme Court annulled and reversed the Board’s decision. Mr. Browne successfully argued that the Board (i) failed to properly apply the law to RNK Properties’ application, and (ii) failed to consider the evidence in the record indicating that the proposed subdivision would fit within the character of the East Rockaway neighborhood and eliminate the abandoned commercial marina. In addition to annulling and reversing the Board’s decision, the Nassau County Supreme Court also directed the issuance of the variances needed to subdivide the property.