Posted by: Patricia Salkin | May 17, 2017

NY Appellate Court finds Petition to Review Determination Granting an Application for a Certificate of Appropriateness for Construction of Single Family Residence in a Historic District was Moot

In May 2014, the Incorporated Village of Southampton Board of Historic Preservation and Architectural Review granted the application of the respondents Farrell Building Company and F.A. East End, LLC, for a certificate of appropriateness for the construction of a single-family residence in the Southampton Village Historic District. The Supreme Court, Suffolk County, dismissed the proceeding, and the petitioners appealed. The court found that this appeal had been rendered academic, as the construction of the dwelling at issue, which was not undertaken in bad faith, was complete, a certificate of occupancy had been issued to the respondent property owner, and the case did not present an exception to the mootness doctrine. Accordingly, the appeal was dismissed as moot.

Pyne v Incorporated Village of Southampton Board of Historic Preservation, 148 A.D. 3d 1155 (2 Dept. 3/29/2017)


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