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City Not Estopped to Object to Nonconforming Building
City of N.Y. v. 64 Annfield Ct., NYLJ 7/26/18, p. 21., col. 2, Supreme Ct., Richmond Cty. (Marin, J.)
In an action by the city to preclude construction of a residence and for damages, landowner contended that the city was estopped from objecting to the proposed building. After a non-jury trial, the court rejected the estoppel argument, but held penalties in abeyance to see whether landowner could come up with a compliant plan.
In 2002, landowner's predecessors submitted a plan for a house with a footprint of 4,194 square feet. The City Planning Commission approved the plan. Three years later, a zoning amendment established a maximum footprint formula of 12.5% of lot size, which would have limited the ground coverage to 3,051 square feet. Landowner subsequently hired an architect who developed a plan for a house with a footprint of 5,941 square feet. The architect self-certified the plan, and based on the certification, the Department of Buildings issued a building permit. (Testimony at trial suggested that the Department of Buildings (DOB) can review only about 20% of self-certified plans). Construction began in 2008 and DOB, once it learned of the nonconformity, issued multiple stop work orders for various violations, including expanded paving, encroachment onto city parkland and city roads, and tree damage. The building has not been completed, and the city brought this action, seeking to preclude construction, as well as damages and penalties.
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