Residents: KPE Ignores Court's Restraining Order

Residents are infuriated a pre-cast concrete business is continuing business as usual weeks despite a temporary restraining order from New York State Supreme Court.

Homeowners allege KPE II is continuing to carry out heavy industrial business activities such as sand mining, rock crushing and more off Old Northport Road despite the March 4 restraining order signed by Supreme Court judge Ralph Gazzillo.

"They are loading trucks with sand. There are trucks going in and out of the facility. There's obvious chunks of material missing out of their piles," said Kings Park resident Michelle Garry. "For public safety to say they aren't working is ludicrous."

Supervisor Patrick Vecchio said he spoke with the town's Public Safety Department on Wednesday, who assured him KPE was not operating business.

Garry said many local residents, herself included, have provided pictures, video and sworn affidavits to the town for its court case against KPE II. She alleges the company has scaled back operations, but continues to work at various hours.

"It couldn't be more clear that there is constant and erratic work," she said.

John Zollo, town attorney, said he was in court with KPE II on Thursday but the case was adjourned until April 4. The temporary restraining order ordering KPE to halt all illegal business practices that are in violation of town code remains in effect until then.

"We've sent a letter to their attorney, explaining we have complaints they are violating the restraining order. We've asked them to cease and desist immediately," Zollo said.

Vecchio ordered Public Safety to station a member there 24-hour a day starting Friday to enforce the court's restraining order and document any violations.

Kings Park resident Larry Shaw asked town officials to go to court to seek a cease and desist against KPE II, rather than waiting another week. He read from the temporary restraining order that the property was not to be used for the storage of commercial trucks or heavy equipment. Shaw said trucks, payloaders and other vehicles are clearly visible on the property.

Zollo said it "would be foolish" to go to court seeking an order against KPE II to cease and desist over storage of heavy industrial equipment. He feared doing so could jeopardize the case and the town's main goal - to stop KPE II from conducting illegal business activity.

"All too often we go to court on collateral issues. The main focus is to shut them down and we are doing a good job here," Zollo said.

Despite the town attorney's best assurances, residents were left doubting whether the temporary restraining order could really be enforced.

"You're allowing the illegal storage to store these vehicles. To allow illegal storage invites illegal use," Shaw said.

Zollo said if KPE is caught violating the restraining order after his contact with their attorney, he will seek to have the business held in contempt of courts. Otherwise, he invited residents to hire private attorneys to pursue their own court case.