Citizens For St. Patrick's v. City of Watervliet Zoning Bd. of Appeals

• Decision Date: 23 July 2015
• Docket Number: 519426
• Citation: 130 A.D.3d 1338,15 N.Y.S.3d 492,2015 N.Y. Slip Op. 06280
• Parties: In the Matter of CITIZENS FOR ST. PATRICK'S et al., Appellants, v. CITY OF WATERVLIET ZONING BOARD OF APPEALS et al., Respondents.
• Court: New York Supreme Court — Appellate Division

130 A.D.3d 1338
15 N.Y.S.3d 492
2015 N.Y. Slip Op. 06280

In the Matter of CITIZENS FOR ST. PATRICK'S et al., Appellants
v.
CITY OF WATERVLIET ZONING BOARD OF APPEALS et al., Respondents.

519426

Supreme Court, Appellate Division, Third Department, New York.

July 23, 2015.

15 N.Y.S.3d 492

Rosemary Nichols, Watervliet, and McMahon, Kublick & Smith, P.C., Syracuse (Jan S. Kublick of counsel), for appellants.

Goldman Attorneys PLLC, Albany (Paul J. Goldman of counsel), for City of Watervliet Zoning Board of Appeals and another, respondents.

Whiteman Osterman & Hanna, LLP, Albany (Robert L. Sweeney of counsel), for PCP Watervliet, LLC, respondent.

Before: McCARTHY, J.P., EGAN JR., DEVINE and CLARK, JJ.

Opinion

EGAN JR., J.

130 A.D.3d 1338

Appeal from a judgment of the Supreme Court (O'Connor, J.), entered July 17, 2014 in Albany County, which, among other things, in a proceeding pursuant to CPLR article 78, granted a motion by respondent PCP Watervliet, LLC for damages sustained as a result of a temporary restraining order.

In 2012, respondent PCP Watervliet, LLC (hereinafter respondent) purchased certain real property located in the City of Watervliet, Albany County with the intention of demolishing the buildings contained thereon, including a church, school and rectory, and constructing a Price Chopper supermarket. Petitioners, a citizens advocacy group, thereafter commenced a declaratory

15 N.Y.S.3d 493

judgment action seeking, among other things, to rescind the judicial authorization for the sale of the property. Petitioners' efforts in this regard proved to be unsuccessful (Citizens for St. Patrick's v. Saint Patrick's Church of W. Troy, 117 A.D.3d 1213, 985 N.Y.S.2d 743 [2014] ), as was their challenge to the subsequent rezoning of the parcel (Citizens for St. Patrick's v. City of Watervliet City Council, 126 A.D.3d 1159, 5 N.Y.S.3d 582 [2015] ).

Respondent City of Watervliet Building Inspector thereafter

130 A.D.3d 1339

issued permits authorizing asbestos abatement and demolition of the subject buildings, prompting petitioners to seek administrative relief from respondent City of Watervliet Zoning Board of Appeals. Additionally, petitioners moved by order to show cause seeking, among other things, to suspend the relevant permits during the pendency of the administrative appeal. Supreme Court, among other things, denied petitioners' application for a preliminary injunction and granted respondent leave to apply for sanctions and costs, including reasonable counsel fees, pursuant to 22 NYCRR 130–1.1.

Petitioners appealed to this Court and, in conjunction therewith, moved for a temporary restraining order and a preliminary injunction pending appeal. Petitioners' request for a temporary restraining order was granted by a Justice of this Court upon the posting of a $10,000 bond. One week later, this Court denied petitioner's request for a preliminary injunction, and petitioners apparently did not perfect the subject appeal (Citizens for...