Suffolk Asphalt Supply, Inc. v. Board of Trustees of the Village of Westhampton Beach

In 1985, the Village of Westhampton Beach (defendant) amended its zoning laws so the town's only asphalt plant became a nonconforming use. Suffolk Asphalt Supply (plaintiff) purchased and operated the plant starting in 1994, and in 2000 the board adopted a phase-out law terminating the nonconforming use unless the plant obtained an extension of up to five years; the plant got the maximum extension and operated five more years. When the zoning board ordered the plant to cease operations, it sued, and the parties asked the court to resolve threshold questions about the correct amortization period, how to value the investment, and whether litigation costs count toward that investment.