The Village issued a stop work order where the homeowners made substantial improvements to their house, located in a flood plain, without conforming to the Village Code and without seeking needed approval. Specifically, the Code requires, in part, that “substantial improvements shall be elevated on pilings, columns or shear walls.” The property owners appealed the stop-work order to the zoning board but completed the construction work while their appeal was pending, and then withdrew the appeal before the zoning board issued a decision on the merits. The Village then initiated the instant action to direct the homeowners to comply with the Code. The appellate court concluded that since the homeowners withdrew their appeal of the stop work order before the zoning board of appeals, they failed to exhaust their administrative remedies and may not now continue to dispute the fact that “substantial improvements” were made to their house in violation of the Code. The Court found that the Village established prima facie evidence that it was entitled to the judgment as a matter of law, and upheld the trial court’s directive to the homeowners to elevate their house onto pilings.
Village of Westhampton Beach v Cayea, 2011 WL 1330861 (N.Y.A.D. 2 Dept. 4/5/2011).
The opinion can be accessed at: http://www.courts.state.ny.us/courts/ad2/calendar/webcal/decisions/2011/D30671.pdf
