Posted by: Patricia Salkin | December 22, 2015

NY Appellate Court Upholds Stop Work Order on Appeal

Petitioners sought to annul a determination of respondent Town of Russia Zoning Board of Appeals, denying their appeal of a stop work order issued by the “Codes/Zoning Enforcement Officer” of the Town of Russia. This stop work order was put into effect after petitioners sought permission from the Town to update their asphalt-making machinery from older “cold mix” technology to incorporate a more modern “hot mix” process. The Supreme Court of New York dismissed the petition, and petitioners appealed.

The court upheld the holding of the Supreme Court, finding that the ZBA did not improperly consider evidence submitted to the Town “by or on behalf of” petitioners with respect to previous, unrelated matters. Furthermore, the ZBA’s determination was supported by more than the generalized objections of neighbors, and the ZBA disclosed all evidence upon which it relied in reaching a decision. Accordingly, the issuance of the stop work order was affirmed.

Certified Road Constructors, Inc. v Town of Russia Zoning Board of Appeals, 2015 WL 7306227 (NYAD 2 Dept. 11/20/2015)

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