A New York Supreme Court judge granted Smithtown Town officials a temporary restraining order to prevent a Kings Park business owner from carrying out illegal industrial business activities.
Supreme Court judge Ralph Gazzillo granted Smithtown town attorney John Zollo a temporarily restraining order against KPE II, a pre-cast concrete business who allegedly has composting waste off Old Northport Road, on March 4.
KPE II is ordered to halt all illegal business practices that are in violation of town code. It will be up to town's Public Safety department to enforce the restraining order.
Attorneys for KPE II immediately filed a request with state appellate court in Brooklyn to vacate the restraining order on March 5, which was denied.
"Right now, we are very fortunate to have the court issue a restraining order and the appellate division not overturn it," Zollo said.
The town's attorney has until March 12 to submit papers with the state Appellate Division providing evidence why the restraining order should not be overturned.
Meanwhile, Zollo will also have to prepare to go back to state Supreme Court in Riverhead for a March 21 court hearing on the town's request to seek a more permanent injunction against KPE.
The temporary restraining order will only remain in place until the Appellate Division makes a judgment on KPE II's appeal after March 12, or Gazzillo makes a ruling after the March 21 hearing - whichever happens first.
Smithtown Town Board voted to take KPE II to court at their Feb. 28 meeting, at the urging of several Kings Park and Commack residents voicing noise and odor complaints.
"We are all for businesses prospering in Kings Park, we just want them to abide by the rules," said Sean Lehmann, president of the Kings Park Civic Association.
