Property Owner's Appeal of Rocky Point Drive-In Decision Denied

Almost three months after it was announced that the Town of Brookhaven , it was announced that an appeal by the owner has been denied by the New York State Supreme Court.

This all but ends the Town's fight to keep big box development out of the property, with the developer having last opportunity to ask the NYS Court of Appeals to hear its appeal. According to a release by the Town, the Court of Appeals "rarely grants such motions."

The town was in court battles with the developer for over 10 years as attempts to bring a Lowes and other big box stores went back and forth over that time. Now, the town is focused on developing the lot with "appropriate commercial recreational use."

“The Route 25A corridor is primarily made up of mom and pop stores that would be negatively impacted by a big box store and many local jobs would be lost," Councilwoman Jane Bonner said in a release. "Some may argue that it would create jobs, but in reality, they are low paying jobs that could not support a family during these tough economic times.”

No plans have been announced for the site, and after the litigation victory was announced in March, residents made it known they want input on what is developed.

Anything that happens at this site, and believe me we hope something happens that's productive for the community, will reflect the community sentiments," Town Supervisor Mark Lesko said at the March press conference.