Posted by: Patricia Salkin | June 22, 2013

NY Appellate Court Upholds Dismissal of Petition Where Neighbor Failed to Timely Challenge the Board’s Decision

A New York Appellate court held that where the neighboring property owner was aware of the issuance of building permits and the ongoing construction for approximately two years before challenging the board’s action, and by that time one residence and accessory structure had been built and a foundation for the second residence was poured, the petitioner is barred from pursuing the claim under the doctrine of laches.

Birch Tree Partners, LLC v Zoning Board of Appeals of Town of East Hampton, 2013 WL 2321609 (NYAD 2 Dept. 5/29/2013)

The opinion can be accessed at: http://www.courts.state.ny.us/courts/ad2/calendar/webcal/decisions/2013/D38363.pdf


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