Posted by: Patricia Salkin | June 23, 2013

NY Appellate Court Dismisses as Academic Challenge to Variances Granted for Failure to Seek Injunction

Petitioner challenged the zoning board’s approval of an application for area variances that permitted the constructions of a second story addition to a neighbor’s home.  The appellate court held that because the petitioner failed to move for a preliminary injunction, and a building permit had been issued and substantial construction of the addition had already been completed, the matter was dismissed as academic.

Raab v Silverstein, 2013 WL 1811282 (NYAD 2 Dept 5/1/2013)

The opinion can be accessed at: http://www.nycourts.gov/reporter/3dseries/2013/2013_03100.htm


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