TOWN OF KIRKWOOD v. RITTER

509540.

80 A.D.3d 944 (2011)

915 N.Y.S.2d 683

TOWN OF KIRKWOOD, Respondent, v. DOUGLAS RITTER et al., Appellants.

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

Decided January 13, 2011.


McCARTHY, J.

Following a 2006 flood, plaintiff notified defendants that a structure on their property in the Town of Kirkwood, Broome County had been substantially damaged, meaning the cost of repair would equal or exceed 50% of the preflood value of the home. As such, and due to the structure's location in a flood plain, defendants were required to comply with certain permit and building requirements under plaintiff's Local Law No. 11 (2003). Nearly a year later...

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