The applicant brought a motion seeking relief from an earlier court order permitting the municipality to demolish a building if the applicant failed to complete construction by a specified deadline.
The prior order required the building to be ready for final occupancy by August 30, 2012, failing which a stay of demolition would be lifted.
The court found that the applicant had failed to comply with the deadline and had a long history of delays and missed construction timelines despite multiple court-managed extensions.
Applying the doctrines of issue estoppel, collateral attack, and abuse of process, the court held that the prior order should not be revisited.
The motion was dismissed and the earlier demolition-related order was upheld.
