A Sayville store filed a lawsuit against the Islip Zoning Board of Appeals after it ruled the shop does not belong on Main Street.
Islip’s Zoning Board of Appeals incorrectly applied a town ordinance in a ruling forcing a vape shop in Sayville to eventually relocate off Main Street, according to a lawsuit filed with the state Supreme Court.
Attorney Donald J. King filed the lawsuit March 20 against Islip’s ZBA on behalf of BlackWaterVapor owner Michael Shannon. The town ZBA ruled last month that the business has one year and 99 days before it needs to relocate because the shop does not abide by the town’s adult use law.
The lawsuit names ZBA members as defendants and calls the board’s decision “illegal,” “unconstitutional” and “arbitrary,” while it asks the court to amend the board’s decision and grant the shop’s owner between five years and 99 days and an indefinite stay in Sayville’s business district.
The store faces legal limbo because of a zoning regulation that Islip passed in May 2016 — after the shop was already up and running — that lumps vape stores and vape lounges in the same category as strip clubs, prohibiting them from operating in business districts and forcing them into industrial areas.
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