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Save Pine Bush, Inc. v. City Engineer

Citations: 220 A.D.2d 871; 632 N.Y.S.2d 243; 1995 N.Y. App. Div. LEXIS 10092

Court: Appellate Division of the Supreme Court of the State of New York; October 12, 1995; New York; State Appellate Court

Narrative Opinion Summary

In this case, the petitioners appealed the dismissal of their CPLR article 78 petition challenging the City of Albany Planning Board's approval of a site plan for an office building in the Pine Bush area, contingent on constructing Loop Road. The Planning Board's approval occurred on August 6, 1992, and a grading permit was issued on April 30, 1993. The petitioners filed their challenge on August 29, 1993, claiming non-compliance with SEQRA by the Planning Board and City Engineer. The respondents moved to dismiss the petition based on its untimeliness and mootness. The Supreme Court found the petition untimely as it primarily contested the 1992 approval, exceeding the four-month limitation under CPLR 217. Additionally, the appeal was deemed moot since the Loop Road construction was finished by September 20, 1993, and the petitioners delayed seeking an injunction until after work began. The court also applied the doctrine of laches, further barring the petitioners’ claims due to their delay. Consequently, the appeal was dismissed without costs, and the court opted not to address other arguments from the parties, noting that the issue of Loop Road's acceptance as a City street was being addressed separately.

Legal Issues Addressed

Doctrine of Laches in Civil Litigation

Application: Petitioners' claim was barred under the doctrine of laches due to their delay in seeking injunctive relief after the construction had started.

Reasoning: The court noted the doctrine of laches barred their claim due to their delay in taking legal action.

Doctrine of Mootness in Legal Proceedings

Application: The appeal was dismissed as moot because the construction of Loop Road was completed before the petitioners sought injunctive relief.

Reasoning: The appeal was partially dismissed due to mootness since Loop Road was completed by September 20, 1993, and petitioners did not seek injunctive relief until after construction had begun.

Mootness of Injunctive Relief

Application: The court found the claim for an injunction to remove Loop Road moot because it was not timely raised.

Reasoning: Petitioners argued that their request for an injunction to remove Loop Road was still valid; however, the court found this claim moot as it was not timely raised.

Timeliness of CPLR Article 78 Petitions

Application: The court dismissed the petition because it was filed outside the four-month statute of limitations prescribed by CPLR 217.

Reasoning: The Supreme Court ruled that the petition primarily challenged the 1992 site plan approval, which was not filed within the four-month limit required by CPLR 217, leading to the dismissal of the petition as untimely.