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Doctrine of Primary Jurisdiction

The plaintiffs, in a nuisance action, sought to enjoin the defendants “from maintaining more than one ‘main building’ on the premises, allegedly in violation of the Village Code.”  The Second Department, citing the doctrine of primary jurisdiction, ruled that the case for an injunction had not been made out because the plaintiffs never sought a determination of the legality of the use of the premises from the administrative agency responsible for zoning:

The doctrine of primary jurisdiction “generally enjoins courts having concurrent jurisdiction to refrain from adjudicating disputes within an administrative agency’s authority, particularly where the agency’s specialized experience and technical expertise is involved” …. Here, the plaintiffs failed to properly seek a determination regarding the legality of the use of the premises under the Village Code from the administrative bodies authorized to administer and enforce the Village’s zoning law … . Massaro v Jaina Network Sys, Inc, 2013 NY Slip Op 03066, 2nd Dept, 5-1-13

 

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