RIVERHEAD, NEW YORK — A significant legal decision was handed down today in the case of Tink & E, et al. v. Town of Riverhead, et al., where the court ruled that New York State’s cannabis laws preempt certain local zoning regulations imposed by the Town of Riverhead. The ruling marks a crucial development in the ongoing debate over cannabis regulation and zoning authority within the state.

 

Representing the intervening respondents 1086 OCR LLC, Brian Stark Enterprises LLC and Brian Stark—whose interests were aligned with the petitioners on the preemption issue — Twomey, Latham, Shea, Kelley, Dubin & Quartararo LLP Partner and Co-Chair of the firm’s Land Use Practice Group Martha Reichert successfully argued alongside the petitioners that Riverhead’s cannabis regulations were preempted by state law. The court also found that the town’s regulations violated the uniformity requirements for zoning laws set forth in Town Law 262.

 

“This ruling is a major victory not only for our clients but for cannabis businesses throughout the entire state and especially here on Long Island, where restrictive zoning laws have slowed the rollout of legal cannabis businesses,” said Ms. Reichert, lead counsel for the intervening respondents. “It clarifies the boundaries between state and local authority on cannabis regulation and sets a precedent that will influence similar disputes across New York. We are proud to have played a pivotal role in this case.

 

The case is considered one of first impression in New York, as it directly addresses state preemption over local zoning laws related to cannabis. The outcome is expected to have wide-reaching implications for municipalities attempting to regulate cannabis businesses within their borders.

 

In a related matter, Twomey, Latham, Shea, Kelley, Dubin & Quartararo LLP, Barclay Damon LLP, and Harris Beach Murtha Cullina PLLC are currently representing 1086 OCR LLC, Brian Stark Enterprises LLC, and Brian Stark in a separate Article 78 proceeding challenging another section of Riverhead’s Town Code involving the distance between dispensaries and schools on the same legal grounds.  With the same judge assigned to that case, a similar ruling is expected.

 

For more information on Twomey Latham, call (631)727-2180 or visit www.suffolklaw.com.

 

*Photo of Ms. Reichert is attached.

 

About Twomey Latham

Twomey, Latham, Shea, Kelley, Dubin & Quartararo, LLP is a full-service law firm with five offices across Long Island. The firm’s practice areas include Business and Corporate Law, Labor and Employment, Insurance, Banking, Commercial Litigation, Taxation, Trademark and Copyright, Environmental Law, Real Estate Development and Transactions, Construction, Land Use and Zoning, Municipal Law, Personal Injury, Arts and Entertainment, Wills Trusts and Estates, Estate Litigation, Elder Law, Family and Matrimonial Law, and Not-For-Profit Law.

 

The law firm of Twomey, Latham, Shea, Kelley, Dubin & Quartararo announced  the recipients of its annual Community Service Scholarships. On June 5, 2025 at the East  Hampton High School Senior Awards Night, the 2025 Scholarship recipients were  announced. This year’s recipients were Jonathan Armijos Calle and Susanna DiSunno, both of East Hampton. This is the twenty-fifth consecutive year the Firm has awarded  scholarships in East Hampton as well as Southampton and Riverhead, and the eleventh  consecutive year the Firm has awarded a scholarship in Mattituck.

Mr. Armijos Calle volunteered for South Fork Sea Farmers, and served the  community, along with a small team, by collecting clams, mussels and scallops into  biodegradable bags. Forty bags, approximately 25 pounds per bag, were then transferred into a Springs reserve, creating a significant layer of a reef for environmental benefits.  Mr. Armijos Calle is also a member of the National Honor Society, serving the community  by volunteering his services for the local Blood Drive, Sock Drive, Trunk or Treat and  Bonac Lights.

Ms. DiSunno served as President of the Kiwanis Key Club as well as the Student  Representative on the Board of Directors for the Sag Harbor Community Band. As  President of the Key Club, Ms. DiSunno significantly contributed to its growth and  success by preparing the agenda and running their biweekly meetings for 178 members.  Ms. DiSunno volunteered at events such as Fall Family Fun Day, Montauk Seafood  Festival and the annual LVIS Fair. Ms. DiSunno also marched in local parades and sorted  toys at the annual Kiwanis Toy Drive. Ms. DiSunno lobbied for student representation  on the Sag Harbor Community Band’s Board of Directors, and attends monthly board

meetings while serving as the voice for the younger members of the band. Ms. DiSunno  values the rich local history of the Sag Harbor Community Band and the strong tradition  of bringing members of all of the community together while the band performs.

The scholarship for each recipient includes a check to help with college expenses.

The law firm of Twomey, Latham, Shea, Kelley, Dubin & Quartararo announced the recipients of its annual Community Service Scholarships.  On June 4, 2025 at the Southampton High School Senior Awards Night, the 2025 Scholarship recipients were announced. This year’s recipients were Jillian Swiatocha and Maria Buelvas, both of Southampton.  This is the twenty-fifth consecutive year the Firm has awarded scholarships in Southampton as well as East Hampton and Riverhead, and the eleventh consecutive year the Firm has awarded a scholarship in Mattituck.

Ms. Swiatocha is a student leader at The Long Island Teen Institute & Human Understanding and Growth Services, where she worked to discourage substance and relationship abuse. Ms. Swiatocha is also a member of the Environmental Activism Club, where she became passionate about promoting viable, sustainable solutions regarding environmental policy. Ms. Swiatocha will be attending Wake Forest University in the fall.

Ms. Buelvas is a member of the Art Honor Society, the Spanish Honor Society and serves as the President of the Latino Cultural Club. One of the most rewarding experiences, according to Ms. Buelvas, was her participation in BOCES adult English classes. Ms. Buelvas tutored students and helped to create a comfortable learning environment, enriching the lives for those willing to learn English.

The scholarship for each recipient includes a check to help with college expenses.