Article 78 appeal against issuance of building permit and certificate of occupancy denied
Matter of Clarke v Town of Sand Lake Zoning Board of Appeals
This article 78 proceeding was an appeal from a judgment dismissing petitioner’s application to review a determination of respondent, Town of Sand Lake Zoning Board of Appeals, issuing a building permit and certificate of occupancy to respondents Richard and Diane Morris.
Petitioner, Nancy Clarke, owns property in
Petitioner commenced this article 78 proceeding to annul the ZBA’s decision. The Court notes that petitioner was aware that construction was occurring on the neighboring property prior to and during the construction and did not appeal to the ZBA until late October 2006. The doctrine of laches bars petitioner’s challenge due to her delay in seeking protection for her interests and her inability to provide a reason for not acting sooner. Also, the ZBA’s determination was not arbitrary and capricious.
Accordingly, the Supreme Court affirmed the judgment, without costs.
