Posted by: Patricia Salkin | August 22, 2014

NY Appellate Court Dismisses Challenge to Granting of Permit as Moot

Petitioner commenced an action to challenge the granting of an application by the zoning board of appeals to allow construct an addition to a residence without requiring certain setback variances. During the pendency of the action, the application had expired and the property owners submitted a new application to the zoning board, which was again approved. Since the original permit that was the subject of the litigation had expired, and there was a subsequent application, hearing and decision, the appellate court dismissed the instant proceeding as moot.

Lilly Pad, LLC v Zoning Board of Appeals of East Hampton, 2014 WL 4086267 (N.Y.A.D. 2 Dept. 8/20/2014)

The opinion can be accessed at: http://www.courts.state.ny.us/courts/ad2/calendar/webcal/decisions/2014/D42570.pdf


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