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ITHACA’S FEE SCHEDULE FOR PERMITS ALLOWING THE CLOSURE OF STREETS AND SIDEWALKS FOR CONSTRUCTION ON PRIVATE PROPERTY IS VALID, SUPREME COURT REVERSED (THIRD DEPT).

The Third Department, reversing Supreme Court, over a dissent, determined the respondent city demonstrated its fee schedule for permits allowing the closure of streets, sidewalks and parking spaces during construction on private property was valid. The decision is too detailed and comprehensive to be fairly summarized here:

… City officials had a rational basis for calculating the public costs arising from permitted street and sidewalk closures and … the new street permit fee structure imposed a reasonable approximation of those costs upon permit applicants. …

… [P]etitioner [owner of the property on which the construction was done] failed to raise a question of fact as to the reasonableness of the new street fee structure, respondents were entitled to summary judgment dismissing the challenge to that structure and a declaration that it is valid … .Matter of 201 C-Town LLC v City of Ithaca, N.Y., 2022 NY Slip Op 04069, Third Dept 6-23-22

​Practice Point: A city can impose daily fees for permits allowing the closure of streets and sidewalks to allow construction on private property.

 

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