Bill > S03311

This bill amends the New York Civil Practice Law and Rules by adding a new provision that prevents a party involved in a land use approval dispute from claiming that a legal challenge is "moot" (no longer relevant) simply because the challenging party did not seek a preliminary injunction to stop construction. Specifically, if a legal action challenging a building permit, variance, subdivision, or other land use approval has been timely filed, the party receiving the approval cannot argue that the case is moot if they continue or complete construction while knowing about the pending legal challenge. This provision aims to protect the rights of parties challenging land use approvals by ensuring that the opposing party cannot circumvent judicial review by quickly proceeding with construction and then claiming the challenge is no longer valid due to the lack of an initial injunction. The bill would take effect immediately upon enactment.

Justice

https://www.nysenate.gov/legislation/bills/2025/S3311