Using Injunctive Relief To Stave Off The Mootness Doctrine

Typically, a court will invoke the mootness doctrine when circumstances change in a way that prevents the court from rendering a decision that effectively resolves an actual controversy. In the world of zoning and land use litigation, courts will put significant weight on how far construction has progressed towards completion when determining if a challenge to a land use or zoning decision, such as a variance, is moot.

A recent decision from the Appellate Division, Second Department, Katz v. The Town of Hempstead, is the latest reminder from New York's appellate courts to parties in land use and zoning litigation that developers can successfully use the mootness doctrine to fend off challengers who do not request injunctive relief at both the trial and appellate levels. However, when those challengers do request such relief, they can shift significant financial risk to developers while the dispute plays out.