This is a hybrid Article 78 proceeding and civil rights action over the building permit for 700 Salt Road in Constantia. The Town's own law says the Code Enforcement Officer shall issue a building permit when the work meets the State Building and Energy Codes. The Town refused in writing in July 2025 and again on May 12, 2026, without citing any code provision, saying no permit would issue until the State DEC signed off. The petition asks the Court to order the permit examined and issued on the codes alone, to annul the May 12 denial, to order the Board of Appeals to hear the appeal filed with it, and for damages under 42 U.S.C. 1983.
Papers marked Draft are the working versions on hand. Signed and stamped originals are on file with the Oswego County Clerk and on NYSCEF.