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In the Matter of Taylor Tree, Inc., appellant, v. Planning Board of the Town of Montgomery, respondent.

DECISION ORDER

ORDERED that the judgment is affirmed, with costs.

Although the petitioner's operation was a preexisting, nonconforming use, predating the 1996 enactment by the Town of Montgomery of its Composting and Recycling Law (Local Laws, 1996, No. 1 of Town of Montgomery), the respondent nevertheless had the authority to impose conditions on the petitioner's hours of operation as an exercise of its police powers (see, Town of Hempstead v. Goldblatt, 9 N.Y.2d 101, affd 369 U.S. 590; Town Board of Town of Southampton v. 1320 Entertainment, 236 A.D.2d 387). The reasonable time restrictions imposed were not arbitrary and capricious (see, Town Board of Town of Southampton v. 1320 Entertainment, supra).

The petitioner's remaining contention lacks merit.

RITTER, J.P., JOY, S. MILLER and H. MILLER, JJ., concur.

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MATTER OF TAYLOR TREE, INC. v. PLANNING BOARD
(May 1, 2000)