Local civic groups, residents and the Town of Oyster Bay are enjoying a victory in the Cerro Wire case that was announced earlier this week. The New York State Appellate Division Second Department released their decision on Wednesday regarding the Cerro Wire property. The court overturned a decision handed down by Judge James Catterson of the Supreme Court, Suffolk County, dated November 25, 2003, which granted the Taubman Company the right to build an 860,000-square-foot shopping mall on the Cerro Wire property in Syosset, overturning the Town of Oyster Bay boards' original decision denying the application for a special use permit to build the mall.

In 2001, the Town of Oyster Bay voted 6-1 to reject Taubman's application for a special use permit to construct an 860,000 square foot mall on the Cerro Wire Site on Robbins Lane in Syosset. The Taubman Company then said that they would reduce the size to 750,000 square feet, but the board said that their decision stood, having already decided on the 860,000 square foot project.

The Taubman Company then appealed the board's decision sending it to the courts and in July 2002, Justice James Catterson ruled that the town consider Taubman's 750,000 square foot alternative mall plan. That was appealed by the town and the Appellate Court affirmed the decision.

The Town of Oyster Bay was then ordered by Catterson to issue a building permit to the Michigan-based Taubman Company to construct the 860,000 square foot shopping mall.

Local civics intervened in the case and, together with the town, appealed Catterson's decision, sending the case to the New York State Appellate Division Second Department, which just announced the most recent ruling earlier this week overturning Catterson's decision.

According to the decision issued by the Appellate Decision, "... The Supreme Court did not have the authority to direct the Town Board to issue the petitioners a building permit."

"This is a victory for the entire community," said Todd Fabricant, chairman of the Cerro Wire Coalition, which consists of 27 community groups that represent more than 40,000 homeowners and 6,000 local businesses. "We had faith in our court system and we are glad that the town stuck by us through everything."

According to Phyllis Barry, spokesperson for the Town of Oyster Bay, The town is currently reviewing the decision. "Until we have had a chance to thoroughly review the recent decision, we can't say exactly what it means to us," she said.

The Taubman Company welcomes the court ruling on the mall. "We are pleased that the Court decision is consistent with the essential rulings of the two prior Appellate Court decisions which remanded the Special Use Permit Application to the Town of Oyster Bay for final determination," said Gary Lewi, spokesperson for the Taubman Company. "We look forward to working with the town on this project."

Howard Avrutine, counsel representing those opposed to the mall, said that he is pleased with the decision. "We are very pleased with the decision as we disagreed with Catterson's ruling," said Avrutine. "We expect there to be further proceedings before the town board with respect to Catterson's original order and we will participate extensively with the proceedings as we have from the beginning.

The Appellate Division's ruling is available at www.courts.state.ny.us/reporter/slipidx/aidxtable_2.htm.