Justice Robert J. Muller

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Defendants property owners were alleged to have violated Town of Queensbury Building and Zoning Codes with the on-going construction of a permanent structure on their property. Defendants indicated they planned to relocate the structure and were given time, and a subsequent extension to do so, but failed. Plaintiff town commenced suit and sought a preliminary injunction restraining defendants from continuing any construction or permitting use and occupancy of the structure pending conclusion of the action. The court noted a municipality seeking to enforce its zoning ordinances was not subjected to the traditional three-pronged test for injunctive relief. Defendants argued the subject dwelling was a custom built recreational vehicle, not a permanent structure. The court disagreed finding defendants failed to submit reliable evidence establishing the dwelling was portable or able to travel. Most telling, it noted when it invited defendants to bring the trailer to the courthouse, the suggestion “did not inspire much enthusiasm,” finding the balance of the equities were in town’s favor. Also, the court found town presented a likelihood of success on the merits, granting plaintiff’s motion for a preliminary injunction.