In Matter of Granger Group v. Zoning Board of Appeals of the Town of Taghkanic , Alan Wilzig wanted to construct a 12,000 square-foot storage facility to house about 100 of his vintage motorcycles. After Taghkanic officials granted him a building permit, nearby property owners and a local association, known as the Granger Group, filed suit in Columbia County Supreme Court to have the Board's determination annulled.
When their case against Wilzig was dismissed, the entire group appealed to the Appellate Division, Third Department, which found the underlying litigation to have been untimely commenced. (Apparently, while the lawsuit was pending, no injunctive relief had been sought and the construction of the facility had been completed by the time the appeal was decided.)
Seems like this case never really had any gas.
To view a copy of the Appellate Division's decision, please use this link: Matter of Granger Group v. Zoning Board of Appeals of the Town of Taghkanic