By:Angela Marshall
A state Supreme Court judge summarily dismissed Home Depot's complaint against the Village of Rockville Centre that it did not act in a timely manner on its application for a building permit.
Home Depot plans to open a store in the former Darby Drug building on Banks Avenue. It applied for the building permit in April 2000 and had not received a decision by February this year, at which time it filed suit.
A spokesman for Home Depot could not be reached to comment for this article.
Since Home Depot filed its application, the village board has established a building-review process called site- plan review and enacted a six-month moratorium on all buildings larger than 40,000 square feet. The Home Depot application calls for a 134,000-square-foot store.
The moratorium was created to block all large-scale development while the board completes changes to the zoning code.
In his dismissal, Judge Joseph A. De Maro cited the village's active engagement in a review of its zoning regulations and development since November 1998. He therefore found that both the site-plan review and the moratorium apply to Home Depot.
