Justice Richard Mott

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Petitioners neighbors moved for a preliminary injunction enjoining additional wedding events on respondents’ property pending this litigation. Respondents obtained permission to operate a bed and breakfast and subsequently, the Town of Olive Zoning Board of Appeals’ interpretation of the town’s zoning code allowing weddings as an accessory use to the B&B was upheld by the court. The planning board approved a site plan with conditions, but petitioners argued the board violated the Municipal Law, and failed to take the necessary hard look at environmental impacts. Petitioners argued they demonstrated a likelihood of success on their claims, alleging irreparable harm from the ongoing commercial wedding-event related activities. The board’s modification of hours based only on the pre-existing contracts, further evidenced the absence of the necessary standard. Yet, the court found petitioners’ claimed injury did not merit the extraordinary relief of a preliminary injunction barring all events. There was insufficient evidence that alleged safety concerns were an imminent threat of irreparable harm, and the claimed hard was not substantial enough to merit an injunction barring all weddings. Thus, the motion was denied.