Petitioners appealed the Town of Carmel Zoning Board of Appeals’ decision to grant respondent Putnam Arts Council a use variance. The variance was for permitting the extension of a not-for-profit arts council in a residential zone. The trial court denied the petition and this appeal ensued. The new arts center was completed and a certificate of occupancy was issued before this appeal was decided. Petitioner, however, failed to move for a preliminary injunction, which would have preserved the status quo while this court decided the appeal. Because petitioners failed to move for a preliminary injunction, they failed to preserve their rights pending appellate review and the matter was dismissed as academic.
Molloy v. Fraser, 2010 WL 2510970 (N.Y.A.D. 2 Dept. 6/22/2010).
The opinion can be accessed at: http://www.courts.state.ny.us/courts/ad2/calendar/webcal/decisions/2010/D27944.pdf
