Matter of Old Country Burgers Co. v. Town Bd. of Town of Oyster Bay

In Matter of Old Country Burgers Co. v. Town Bd. of Town of Oyster Bay (160 AD2d 805) the town board imposed a condition on the grant of a special permit to operate a drive-through window of a Burger King restaurant, which essentially prohibited the operation of the drive-through window during mealtime hours. To justify this restriction, the board cited the prospect of a significant increase in existing traffic flow resulting from mealtime operation. The Second Department found that there was insufficient evidence to show that the proposed use would have a greater impact on traffic than other unconditionally permitted uses in the area, and characterized the condition as "an impermissible attempt to regulate the details of the operation of the petitioner's enterprise." (Id. at 806.)