Posted by: Patricia Salkin | June 23, 2015

NY Appellate Court Upholds Board’s Denial of Revocation of Building Permit for a Shed Dismissing Claims on Timeliness Grounds and Dismissed Allegations of Open Meetings Law Violations

Despite the objection of petitioner’s regarding a shed permit for a neighbor, the appellate court noted that the neighbors had constructive notice as early as 2009 that the shed owners had been issued a permit to replace the shed in their backyard. Village Law sec. 7-712a[5][b] requires that appeals of this nature be commenced within 60 days of receiving constructive notice, yet the petitioners’ waiting until 2012.

Second, with respect to allegations that the Board violated the Open Meetings Law, the court noted that even if true,”not every breach of the [Open Meetings Law] automatically triggers its enforcement sanctions.”

Peehl v Village of Cold Spring, 2015 WL 3605098 (NYAD 2 Dept. 6/10/2015)

The opinion can be accessed at: http://www.courts.state.ny.us/REPORTER/3dseries/2015/2015_04853.htm


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