In a case decided on June 3, 2008, the Second Department rejected a spot-zoning challenge to two local laws adopted by the Town of Babylon Town Board adding "hot-mix asphalt facilities" to the list of specially permitted uses in the Town's industrial districts. (Little Joseph Realty, Inc. v. Town Board of the Town of Babylon, 2008 N.Y. Slip Op. 05051)
In reaching this conclusion, the Second Department observed that "spot zoning is the process of singling out a small parcel of land, for a use classification totally different from that of the surrounding area, for the benefit of the owner of such property and to the detriment of other owners... a municipality that engages in spot zoning fails to satisfy the statutory requirement, since it is not acting in accordance with a comprehensive plan."
The Second Department concluded that the challenged zoning amendments "did not allow for a use that was different from that allowed in the surrounding area and was in conformity with the comprehensive plan calculated to serve the general welfare of the community." Rather, the Second Department stated that the "Town Board engaged in an extensive review of the zoning amendments prior to their enactment, giving sufficient forethought to the community's land use problems" and that the "Town Board did not enact the zoning amendments for the benefit of a single owner for a specific purpose only."
Accordingly, the Second Department ruled that the trial court had properly entered a judgment rejecting the spot-zoning challenge and declaring that the zoning laws were valid.
