A court rejected Brookhaven Town's request Monday to delay the planning process for a proposed Target department store in Rocky Point while a ruling over the current zoning is appealed.

The ruling found that even though the town is appealing a court decision permitting a 167,000-square-foot store to be built at the former driving range on Route 25A, the town's Planning Board doesn't have the right to reject a hearing to review the site plan while its appeal is being made.

"We have sent two letters to the Planning Board to give us the appropriate hearing to review the site," said Mitch Pally, real estate attorney for property owner Lerner-Heidenberg. "If they don't adhere to the judgment, Lerner-Heidenberg could go back to court for an order to require them to do it."

Lerner-Heidenberg has been locked in litigation with the town since 2000 over zoning of the 17.5-acre parcel that was once a drive-in theater.

The town is currently appealing a 2009 court ruling that reinstated regular business zoning at the contested site.

"Until the town has exhausted every avenue of resource, I'm not giving up this site," said Councilwoman Jane Bonner. "I firmly believe a big box store, like a Target, will be very harmful to the whole corridor."

The next court date is scheduled for July 29.

This e-mail address is being protected from spam bots, you need JavaScript enabled to view it