What's happening
This bill prevents developers from claiming mootness if they finish construction while aware of a timely legal challenge to land use approval.
Why it matters
Closes a legal loophole for developers. Developers can no longer avoid court review of land use approvals by rushing to finish construction after learning about a timely legal challenge. This removes the incentive for “build fast, argue mootness later.”
Protects community and environmental interests. Residents and advocacy groups often challenge land use approvals over concerns like zoning, environmental impact, or neighborhood character. The bill ensures these concerns can still be heard in court, even if construction proceeds.
Clarifies procedural rights for challengers. People filing lawsuits against land use decisions won’t be penalized for not immediately seeking a preliminary injunction, which can be costly or difficult to obtain. Their case can move forward even if construction starts or finishes during litigation.
Promotes fairer outcomes in land use disputes. The bill encourages all parties to respect ongoing legal processes and discourages attempts to “run out the clock” by completing disputed projects before a court can decide on their legality.
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Who cares
Headline styles
Protect Land Use Challenges
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to judiciary
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Protect Land Use Challenges
In Senate Committee · Judiciary · Sponsor Kenneth P. LaValle
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
S. 3733 A. 5527
2019-2020 Regular Sessions
SENATE - ASSEMBLY
February 13, 2019
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred to the Committee on Judiciary
AN ACT to amend the civil practice law and rules, in relation to certain preliminary injunctions
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 6311 of the civil practice law and rules is amended by adding a new subdivision 3 to read as follows:
3. Failure of a party challenging a building permit, variance, subdivision or other land use approval to seek a preliminary injunction to prevent construction shall not give rise to the opposing party to raise the defense of mootness if said party continues and/or completes construction with knowledge that an action challenging its land use approval has been timely commenced.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03304-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.