Judge Dismisses Deerpark Residents’ Suit Against BRIM Recyclers, Inc., Deerpark Town Board

BLB Law announces triumph of client BRIM Recyclers, Inc. after Deerpark residents attempted to annul the automobile junkyard license renewed by Deerpark Town Board.

An Orange County Supreme Court justice has dismissed a lawsuit claiming that the Deerpark Town Board illegally renewed the automobile junkyard license of BRIM Recyclers, Inc.

Four Deerpark residents sued BRIM Recyclers, Inc. and the Town Board of Deerpark in November 2012 in the New York Supreme Court, Orange County, before Supreme Court Justice Lori Currier-Woods.

The lawsuit said that the salvage yard was violating terms of a site plan, established by the Deerpark Town Board in 1995, on an ongoing basis. These violations, the residents claimed, adversely affected their property and subjected them to the sound and smell of the salvage yard.

Residents stated that violations included inadequate fencing, operating outside the approved site plan, illegal dumping, improper storage of waste, runoff that endangered wetlands, and other aesthetic, health, and safety violations.

The lawsuit also claimed that the Deerpark Town Board’s November 2012 decision to renew the automobile junkyard license was an abuse of discretion made in violation of the law.

“For more than thirty yearsBRIM [Recyclers] has made every effort to properly run their facility,” said the company’s attorney, Jacob Billig, of Billig, Loughlin & Baer. “They have been and continue to operate within full compliance of Deerpark’s zoning laws.”

According to statements made in court documents, the Deerpark Town Board concurred that the salvage yard is operating within zoning laws.

According to court documents, the Deerpark Town Board had previously issued violation notices to BRIM Recyclers, Inc. Between April 2011 and October 2012, the Deerpark Building Department monitored the condition and cleanup of the salvage yard, and reported that sufficient progress had been made toward meeting the requirements imposed by the building department.

On July 8, 2013, Judge Currier-Woods dismissed the resident’s arguments, ruling that the residents lacked sufficient standing to contest the town’s administrative action to renew the salvage yard’s license.

Billig, Loughlin & Baer, LLP, located in Monticello, NY and Lyndhurst, NJ, offers legal and business counsel to its clients in the areas of accident and personal injury, corporate law, criminal law, environmental law, insurance defense and claims management, litigation, mediation, negotiations, products liability, and real estate and land use. Each attorney has 20-30 years of legal experience, as well as strong managerial and executive level experience in business.

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