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Matter of Brighton Grassroots, LLC v. Town of Brighton Planning Bd.
Citation: 2022 NY Slip Op 05403Docket: 608 CA 21-01357
Court: Appellate Division of the Supreme Court of the State of New York; September 30, 2022; New York; State Appellate Court
Original Court Document: View Document
Petitioners Brighton Grassroots, LLC and others initiated hybrid CPLR article 78 proceedings and declaratory judgment actions to contest the construction of a retail plaza on Monroe Avenue in the Town of Brighton. They filed multiple motions seeking preliminary injunctive relief against ongoing construction. The Supreme Court, Monroe County, issued a "Global Decision" on September 8, 2021, denying all ten motions for preliminary injunction. The Appellate Division, Fourth Department, affirmed the Supreme Court's order without costs. The court highlighted that preliminary injunctive relief is considered a drastic remedy, requiring the movant to demonstrate: (1) a probability of success on the merits, (2) danger of irreparable injury in the absence of an injunction, and (3) a favorable balance of equities. The court found that the petitioners did not adequately establish irreparable injury or demonstrate that the balance of equities favored them. Ultimately, the Appellate Division concluded that the Supreme Court did not abuse its discretion in denying the motions and dismissed the petitioners' remaining arguments as insufficient to warrant any modification or reversal of the orders.