In this Article 78 proceeding, the petitioner, Papert, sought review of the issuance of a coastal erosion management permit by the Village of Quogue building inspector. The Supreme Court, Suffolk County granted respondent Peete’s motion to dismiss the petition as academic. The Supreme Court, Appellate Division, Second Department affirmed.
Respondent Peete had obtained a coastal erosion management permit to reconstruct an existing dwelling on oceanfront property, located within a coastal hazard area. In response to the petitioner initiating the Article 78 proceeding, the respondent moved to dismiss the petition due to the substantial completion of the construction project. Upon completion of the project and the issuance of the occupancy permit, the Supreme Court granted the motion, as the case had now become academic.
The Second Department held that since the petitioner failed to seek a preliminary injunction to maintain the status quo, the petitioner failed to preserve their rights in the action. Also, the court found the respondent did not continue with the construction in bad faith or without authority. In addition, the court determined that there were no novel issues that would warrant the continuation of the case. Given the facts above, the Second Department affirmed the Supreme Court, determined the petition was properly dismissed as academic.
Papert v. Zoning Bd. App. of Quogue, 98 A.D.3d 581 (2nd Dep’t, Aug. 8, 2012).
The opinion is available here.