Posted by: Patricia Salkin | October 30, 2011

NY Appellate Court Lifts TRO on County Trailers Housing Sex Offenders

In February 2007 Suffolk County placed a trailer on property it owns in Westhampton to provide temporary emergency housing for up to eight homeless registered sex offenders. In May of the same year, the County placed another trailer for the same purpose on land it owns in Riverside, and later expanded it to house additional sex offenders. The Town of Southampton commenced this action to permanently enjoin the County from continuing and/or expanding the use of the Riverside trailer, and later amended their complaint to include the Westhampton trailer.  The Town alleged, among other things, that the County violated state, county, and local laws, including zoning laws. The trial court granted the injunction and the County appealed.

The appellate court reversed, finding that the Town failed to establish a likelihood of ultimate success on the merits and that the Town failed to demonstrate that the equities were balanced in its favor.  

Town of Southampton v County of Suffolk, 2011 WL 5085037 (N.Y.A.D. 2 Dept. 10/25/2011)

The opinion can be accessed at: http://www.courts.state.ny.us/reporter/3dseries/2011/2011_07629.htm


Responses

  1. Based on the Second Department’s Town of Riverside decision cited therein, which involved essentially the same facts, it appears that the Town of Southhampton lost the preliminary injunction here because it waited to sue until two years from the first placement of trailers, missing the four month statute of limitations for Article 78 mandamus proceedings.

    -Tom Warth-


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

Categories

%d bloggers like this: