More thoughts on the NYM-Oriskany Manufacturing situation:
Although the Village may be within its right not to defend a lawsuit or to bring an action to enforce a law (i.e., withholding an action -- sometimes called "prosecutorial discretion"), Village officials are still required to follow the law in their own actions. Village Officials take an oath to uphold the law.
Will a Village official knowingly approve a building permit for a project that violates the law?
Judges also take an oath to uphold the law. Whether a party defaults in defending itself (such as the Village) or there is simply incompetent representation, a judge still is required to follow the law.
Will a judge knowingly approve a project that violates a local law?
Watching what these officials do will tell the public just how far down the "slippery slope" we have allowed our society to go.