One for the people Thanks TOBAY

A developer's decade-old plan to build a luxury mall in Syosset has been sent back by an appellate court to the beginning of the approval process -- in the hands of town officials who have fought it for years.

The decision is the latest since litigation began in 2001. Much of that litigation has resulted in victories for Michigan-based Taubman Centers Inc.

In the recent decision, the Appellate Division said a State Supreme Court judge was wrong in June when he directed the town to issue Taubman a special-use permit for a 750,000-square-foot mall and to quickly process a site plan.

"The Supreme Court's direction in that regard deprived the Town Board of the right to meaningfully consider a revised site plan," the decision said.

It also said the town was justified in its request for an environmental impact statement to supplement one that initially had been submitted for a larger mall.

Town Supervisor John Venditto said the decision was a victory after a "series of silly decisions that had no bearing on the real issues."

"A court of law should not substitute its judgment for that of a duly elected town board," Venditto said. "It's a shame that all of this time and energy was utilized in the manner that it was."

In a statement, Taubman officials said they would appeal the decision.

"We are disappointed that the mall will continue to be delayed, especially during these economic times when jobs are scarce and tax revenue is so desperately needed," said Steve Keiras, Taubman's senior vice president of development. "We firmly believe that after years of having our position affirmed in the lower courts, this is clearly a flawed legal decision."

In June, Acting State Supreme Court Justice Jeffrey Arlen Spinner slammed the town for redefining facts, concealing issues and making personal attacks to delay the $500-million development that is proposed for the 39-acre property that formerly housed the Cerro Wire and Cable Co.

Because the Appellate Division sent the matter back to the town so that the application can make its way through the town's permitting process, the developer's chances of a successful appeal aren't high, said Frank Gulino, who teaches advanced appellate advocacy at Hofstra University's School of Law.

"It's not likely to be granted - possible, but not likely," Gulino said. "This is not novel enough or of enough importance - let alone constitutional importance - for the state court to take it."

Ever since the application for the project was submitted in 1998, the developer, the town and residents - both for and against the project - have been engaged in a heated exchange over the size of the mall and whether one belongs there at all.

Todd Fabricant, chairman of the Cerro Wire Coalition, a group of home and business owners that oppose the mall, said that now is the right time to move forward with an alternate development at the site.

In 2007, the group unveiled a proposal that includes a mix of apartment buildings and town houses, a hotel, offices and retail space.

"The mall is dead," Fabricant said. "If Taubman wants to join that effort with the community, we'll meet them with open arms to discuss the project."

But Laura Schultz, vice president of Residents for a More Beautiful Syosset, a civic association that is in favor of a negotiated settlement, said the development would provide an economic boost.

"In these tough economic times, people need jobs and the community needs tax revenue," she said.

Copyright © 2009, Newsday Inc.