Armenia v. Luther — 152 A.D.2d 928

Majority

p. 928

Carmelo S. Armenia et al., Appellants, v LaVerne Luther, Individually and as Supervisor of the Town of Grand Island, et al., Respondents.

Order unanimously affirmed without costs. Memorandum: Applying a "balancing of public interests” approach (see, Matter of County of Monroe [City of Rochester], 72 NY2d 338 ), we conclude that the Town of Grand Island was immune from its own zoning regulations when it installed floodlights at tennis courts and at a softball diamond situated in a town park. Accordingly, Special Term properly granted defendants’ motion for summary judgment dismissing plaintiffs’ first and second causes of action. (Appeal from order of Supreme Court, Erie County, Ostrowski, J. — summary judgment.) Present — Dillon, P. J., Callahan, Balio, Lawton and Davis, JJ.

Cases cited

In re the County of Monroe 72 NY2d 338 N.Y. 1988-10-20 p. 928