In a decision that reiterated the need for there to be other than economic impacts to a property owner to serve as a basis for challenging the environmental review of a local law or ordinance, the Appellate Division affirmed the lower court dismissal of a challenge to a zoning amendment.…
The Appellate Division restated the requirement that all interested parties must be named in an action challenging a site plan approval and that a property owner and prospective developer are not necessarily united in interest. In Matter of Mensch v Planning Bd. of the Vil. of Warwick, the Court found…
After a seven year saga, the Appellate Division overturned the rezoning of a parcel which would have permitted a multi family development in the Town of Ramapo. In Matter of Youngewirth v. Town of Ramapo Town Board, the Appellate Division reversed the lower court, finding the review under the State…
Construction of a replacement water tank by the local water district was found to be a SEQRA Type II Action and not subject to the zoning of the Village in which the property is locted. In Incorporated Village of Munsey Park v. Manhasset-Lakeville Water District, the Court held the Water…
The New York State Department of Environmental Conservation (DEC) has proposed the first major changes in the implementing regulations for the State Environmental Quality Review Act (SEQRA) in two decades. The proposed amended regulations, if adopted, will bring about a number of procedural changes intended to streamline the SEQRA process.…
The Appellate Division upheld a lower court decision vacating findings issued pursuant to the State Environmental Quality Review Act ( SEQRA). In Matter of Falcon Group LTD. Liab. Co. v. Town/Village of Harrison Planning Board, the Court found that the Planning Board had failed to adopt findings based upon the…
The Appellate Division granted a petition challenging condemnation of property on the grounds that the Town segmented the review of the project in violation of the State Environmental Quality Review Act (SEQRA). In Matter of J. Owens Building Co., Inc. V. Town of Clarkstown the Court held the proposed condemnation…
An involved agency, while making its own SEQRA findings, is limited to the record developed by the lead agency. In a pair of related cases, Troy Sand & Gravel,Co. Inc v. Town of Nassau (“the DJ Action”) and Matter of Troy Sand & Gravel, Co. Inc., (“the Article 78”) the…
The Appellate Division dismissed a challenge to SEQRA Findings where no approvals had actually be granted. In the Matter of Patel v.Board of Trustee of Village of Muttontown, the Court found the ” position taken by an agency is not definitive and the injury is not actual or concrete if…
The N.Y. State Supreme Court found that an extensive review of environmental issues was sufficient to meet the requirements of SEQRA without preparation of an environmental impact statement. In Matter of Magat v. the Village of Bronxville Planning Board, the judge of the environmental claims part of the New York…