Nuisance/Town Code/Official Nonfeasance/Taxpayer Suit: Three by o9S16v4

VIEWS: 0 PAGES: 1

									Nuisance/Town Code/Official Nonfeasance/Taxpayer Suit: Three taxpayers brought
an action to enjoin commercial activity in a residential zone. The case included common
law nuisance and a cause under Town Law §286(2) which permits a taxpayer to institute
an action where the town has failed to take “appropriate action or proceeding” to correct
a zoning violation. Defendant moved for summary judgment arguing that the town had
brought a criminal proceeding against it thereby negating a required element under
§286(2) - that the town has failed to take “appropriate action or proceeding” to correct
the violation. The Supreme Court, Suffolk County granted and the Second Dept.
reversed. The Court stated that the Town’s prosecution of defendant is not an
“appropriate action or proceeding” as contemplated by the statute in that the prosecution
“will not prevent, restrain, abate, or correct them, as the statute requires”. Phair v Sand
Land Corp., 2008 NY Slip Op 08470, Appellate Division, Second Department,
November 5, 2008

opinion

Focus Briefs are prepared by Johnny D. Hall, Esq., Long Island Counsel, Chicago Title Insurance
Company. Questions or comments may be directed by email to johnny.hall@ctt.com or by phone to 516-
535-5223 or 631-284-2419.

								
To top