Posted by: Patricia Salkin | August 6, 2017

NY Appellate Court Holds Building Inspector’s Determination that Separate Building Permit was Necessary for Driveway Work was Not Arbitrary and Capricious

Petitioners, Carnelian Farms, LLC, and Hunter’s Moon Farm, LLC, were the owner and lessee of an approximately 60–acre commercial horse boarding and training facility. The facility was being renovated and upgraded to include an indoor riding arena and other site improvements, which had been approved by the Village of Muttontown Board of Trustees. Specifically, the petitioners were in the process of widening and re-paving the driveway on the premises when the Village of Muttontown Building Inspector issued a stop work order. The stop work order was made on the basis that the petitioners had failed to obtain a permit. Petitioners then brought article 78 proceeding against the village, village building department, and other related individuals. The Supreme Court, Nassau County, granted the petition.
Here, the record reflected that the Building Inspector determined that the work being performed on the driveway required a separate building permit. Even though the driveway work was approved by the Village of Muttontown Board of Trustees and the subject work was covered under a building permit issued with respect to the erection of the indoor riding arena and attached structure, the court found that the Building Inspector’s determination that an additional permit was necessary was not made in violation of lawful procedure, was not affected by an error of law, was not arbitrary and capricious, and did not constitute an abuse of discretion. Accordingly, the court held that the petition should have been denied and the proceeding should have been dismissed.

Carnelian Farms, LLC v Village of Muttontown Building Dept., 151 A.D. 3d 847 (2 Dept. 6/14/2017)

 


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