A state panel of judges upheld a ruling on Friday that will keep construction on a Wading River retail complex on hold – at least, for now.
The New York State Appellate panel ruled to allow a restraining order on building and excavation permits to stay in place while another appellate judge rules on an appeal of a lawsuit against Riverhead Town made by the Riverhead Neighborhood Preservation Coalition, said Dominique Mendez, president and co-founder of the local civic group.
The Knightland plan calls for 32,500 square feet of retail space and a 4,900-square-foot restaurant in a complex comprising 24 small buildings.
Knightland LLC received site plan approval from the Riverhead Planning Board in late 2011. Members of RNPC filed a lawsuit challenging that approval the following day, claiming the project didn’t comply with zoning and that the town failed to consider the cumulative impacts of the project along with other development proposals in the area.
The case was later thrown out of court after a judge ruled the group did not have the legal standing to sue the town.
The group has filed an appeal to revive the suit, arguing that they have legal standing and that their suit should be judged on its merits.
“We just think the courts should really weigh in on this and it shouldn’t just be the bulldozers that make the decision,” Ms. Mendez said.
The restraining order prevents the Town from issuing land clearing, excavation, or building permits for the site, essentially preventing the project from moving forward until a judge reaches a decision on their appeal.
“The last thing we need is more land to be cleared,” Ms. Mendez said. “It’s not so easy to put back the trees.”
Peter Danowski, who represents the owner of the Knightland property, Kenn Barra, did not immediately return a request for comment.