New York A09341 prevents the defense of mootness in land use approval challenges if construction continues despite a timely legal action.
New York A09341 amends the civil practice law and rules to ensure that a party cannot use the defense of mootness if they continue or complete construction while knowing that a legal challenge to their land use approval has been filed. This change applies to challenges involving building permits, variances, subdivisions, and other land use approvals. The bill aims to protect the legal rights of those who challenge land use approvals by preventing the opposing party from claiming the case is no longer relevant if construction proceeds.
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