New York S03311 prevents the defense of mootness in cases where a party challenges a building permit or land use approval but fails to seek a.
New York S03311 amends the civil practice law and rules by adding a new provision that ensures the failure of a party to seek a preliminary injunction to prevent construction does not allow the opposing party to raise the defense of mootness if the opposing party continues or completes construction knowing that an action challenging the land use approval has been filed. This change applies to challenges involving building permits, variances, subdivisions, and other land use approvals. The act takes effect immediately.
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- Core Provisions
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- Legal Framework
- Critical Issues
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