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Dune Associates v. Town Board of East Hampton

Appellate Division of the Supreme Court of New York, Second Department
Jan 3, 1983
91 A.D.2d 968 (N.Y. App. Div. 1983)

Summary

holding that where "any impact of the zoning amendment has already been negated, there is no longer any justiciable controversy and any opinion by court with respect to the enactment thereof would be purely advisory"

Summary of this case from Easton LLC v. Inc. Vill. of Muttontown

Opinion

January 3, 1983


In an action to declare an amendment to the zoning ordinance of the Town of East Hampton invalid, and for an injunction preventing the town from enforcing or carrying out the amendment, defendant appeals from a judgment of the Supreme Court, Suffolk County (McInerney, J.), dated July 22, 1982, which, inter alia, decreed that the amendment was void. Appeal dismissed, without costs or disbursements. The challenged amendment provided that for 90 days after its effective date the Planning Board of the Town of East Hampton was not to take any action on residential subdivision applications for certain areas which applications had not yet received preliminary approval. The 90-day moratorium expired by its own terms on September 13, 1982. Where, as here, any impact of the zoning amendment has already been negated, there is no longer any justiciable controversy and any opinion by this court with respect to the enactment thereof would be purely advisory. Accordingly, the appeal is dismissed (see New York Public Interest Research Group v Carey, 42 N.Y.2d 527). Titone, J.P., Thompson, Weinstein and Niehoff, JJ., concur.


Summaries of

Dune Associates v. Town Board of East Hampton

Appellate Division of the Supreme Court of New York, Second Department
Jan 3, 1983
91 A.D.2d 968 (N.Y. App. Div. 1983)

holding that where "any impact of the zoning amendment has already been negated, there is no longer any justiciable controversy and any opinion by court with respect to the enactment thereof would be purely advisory"

Summary of this case from Easton LLC v. Inc. Vill. of Muttontown
Case details for

Dune Associates v. Town Board of East Hampton

Case Details

Full title:DUNE ASSOCIATES et al., Respondents, v. TOWN BOARD OF THE TOWN OF EAST…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 3, 1983

Citations

91 A.D.2d 968 (N.Y. App. Div. 1983)

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