So far, the developer, Michael Daly, president of Four Corners Development, has failed in his attempt to overcome the Town's Board of Zoning Appeals denial of his application to build an assisted living residence (ALR) on lower Main Street. On Wednesday, April 14, U.S. Magistrate Judge Viktor Pohorelsky issued a report to the U.S. District Judge recommending denial of the injunction Mr. Daly had sought, which would have prevented the Town from preventing his company from starting construction. Mr. Daly's lawyers argued that he should be issued a special use permit to build in the area which is not zoned for ALRs on the grounds that the Town of North Hempstead was violating federal anti-discrimination statutes by not permitting him to service the elderly handicapped.

In Newsday, Michael Daly was quoted as saying: "We do think that the future residents, senior citizens in the area, will suffer by not having this alternative. We still maintain that our residence is fundamentally compatible with the zoning scheme."

Although the Town won the first round, the case will continue in U.S. District Court. Town Attorney Howard Miller is in charge of litigation for the town.