Petitioners challenged the approval of a sawmill and milling operation by the Town of Livonia Joint Zoning Board of Appeals who had determined that the use of the land for sawmill purposes constituted an agricultural or farming operation within the meaning of the Town Code. The appellate court dismissed the appeal as moot since the petitioners failed to seek injunctive relief or to make any other attempt to preserve the status quo pending the appeal. The court also noted that a condition use permit had been granted for the use of a portable saw mill on the property in 2006.
Graf v Town of Livonia, 991 N.Y.S. 2d 211 (A.D, 4 Dept. 8/8/2014)
The opinion can be accessed at: http://www.nycourts.gov/courts/ad4/clerk/decisions/2014/08-08-14/PDF/0668.pdf