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TOWN OF N. ELBA v. GRIMDITCH

513014.

98 A.D.3d 183 (2012)

948 N.Y.S.2d 137

2012 NY Slip Op 5215

TOWN OF NORTH ELBA et al., Appellants, v. WILLIAM H. GRIMDITCH JR. et al., Respondents. (Action No. 1.) JOHN M. McMILLIN III et al., Appellants, v. WAYNE H. GRIMDITCH et al., Respondents. (Action No. 2.)

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

Decided June 28, 2012.

Attorney(s) appearing for the Case

Briggs Norfolk, L.L.P., Lake Placid ( Michael J. Hutter of Powers & Santola, L.L.P., Albany, of counsel), for Town of North Elba and another, appellants.

McNamee, Lochner, Titus & Williams, P.C., Albany ( John J. Privitera of counsel), for John M. McMillin III and others, appellants.

James M. Brooks , Lake Placid, for respondents.

MALONE JR., STEIN, McCARTHY and EGAN JR., JJ., concur.

OPINION OF THE COURT

ROSE, J.P.

In a race to beat the impending effective date of regulations recently issued by the Adirondack Park Agency, defendant William H. Grimditch Jr. (hereinafter Grimditch) began construction of a boathouse in the waters of Lake Placid adjacent to his lakefront property without applying to plaintiff Town of North Elba for a building permit. As a consequence, plaintiff James E. Morganson, the Code Enforcement Officer for the Town...

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