What's happening
This bill prevents parties from claiming a land use challenge is moot if construction continues despite timely lawsuits and no preliminary injunction.
Why it matters
Protects the right to challenge land use decisions. By preventing developers or permit holders from claiming a lawsuit is “moot” simply because construction continued during litigation, the bill ensures that community members or opponents still have their day in court—even if they did not immediately secure a preliminary injunction.
Reduces pressure on plaintiffs to obtain fast court orders. Challengers often face barriers (like cost, legal complexity, or timing) when seeking preliminary injunctions. This bill removes the risk that failing to get such an order will automatically undermine their case later.
Discourages strategic construction to avoid legal scrutiny. Developers can no longer rush to complete work after being sued in hopes that finishing the project will make the lawsuit irrelevant. This change closes a loophole that could otherwise incentivize ignoring legal challenges.
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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 Assembly Committee · Judiciary · Sponsor Fred Thiele
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.
Sponsor's memo
Title of bill
An act to amend the civil practice law and rules, in relation to certain preliminary injunctions
Purpose
Relates to certain preliminary injunctions regarding challenges to building permits, variances and subdivision approvals.
Summary of provisions
Section 1. Amends section 6311 of the civil practice law and rules by adding a new subdivision 3 relating to certain preliminary injunctions regarding challenges to building permits, variances and subdivision approvals.
Section 2. Effective Date
Justification
Under current law, the failure to request a preliminary injunction or appeal the denial thereof, gives rise to the defense of mootness in a proceeding challenging a building permit, variance, subdivision approval or other land use approval if the land owner continues to build or complete construction even though there is knowledge of the pending challenge. Thus, litigants are required to pursue an application for a preliminary injunction through the appellate process with the additional costs and lengthy delays to avoid being subject to the defense. This bill would correct this issue and provide for a more expeditious proc- ess.
Legislative history
S.8514/A.10627.
Fiscal implications
None to the State.
Effective date
Immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.