Matter of Lilly Pad, LLC v. Zoning Board of Appeals of Village of East Hampton

Summary

The New York Appellate Division, Second Department dismissed as academic an appeal from a judgment dismissing a CPLR article 78 proceeding challenging a zoning board determination approving a residential addition without certain setback variances. The court held that the challenged determination had been superseded by a subsequent determination and construction permit, so the appeal would not affect the parties' rights and no exception to the mootness doctrine applied.

Holdings

1. The appeal was moot and had to be dismissed as academic because the challenged ZBA determination was superseded by a subsequent determination pursuant to which a new construction permit was issued, so a determination by the court would not affect the parties' rights.
2. The court denied as academic the branch of the cross motion seeking dismissal based on laches because the appeal was dismissed on mootness grounds.

Questions Presented

1. Whether the appeal should be dismissed as academic because the challenged ZBA determination was superseded by a subsequent determination and new construction permit.
2. Whether the appeal should be dismissed under the doctrine of laches.

Disposition

dismissed