However, the Court also indicated that this rule is not without exception when, in upholding the dismissal, it also found that the property owner "did not proceed with the construction in bad faith or without authority" and further, "this proceeding did not present 'novel issues or public interests such as environmental concerns' that warranted retention of jurisdiction (Matter of Dreikausen v Zoning Bd. of Appeals of City of Long Beach, 98 NY2d at 173)." [read post]