The failure to analyze the environmental impacts of a sewerage diversion plan formed the basis for the Appellate Division Second Department voiding a zoning amendment in Matter of ACI Shore Rd., LLC v. Incorporated Village of Great Neck. The Village of Great Neck had proposed a zoning amendment to implement…
In a comprehensive review of the capacity and standing of one municipality to sue another over local zoning, the Appellate Division, Second Department, in Matter of Village of Chestnut Ridge v. Town of Ramapo, held that villages have the capacity to sue a town over a local law enacting a…
The Appellate Division found that a condemnation proceeding under the Eminent Domain Law in order to enhance a golf course and for other recreational purposes was proper in the case Matter of Rocky Point Realty v Town of Brookhaven. The Court found that review of a condemnation proceeding is limited…
A Court has ruled that the issuance of a demolition permit is not an “action” within the meaning of the State Environmental Quality Review Act (“SEQRA”) that requires review under SEQRA. In Matter of Ziemba v. City of Troy, the Appellate Division, Third Department, held that the discretion to be…
The Planning Board of the Town of Southeast was required to prepare a Supplemental Environmental Impact Statement (SEIS) pursuant to SEQRA, despite the board’s belief that a SEIS was not necessary, according to a recent Appellate Division Second Department decision. The question presented in Riverkeeper v. Planning Board of Town…
An appellate court held that a planning board abused its discretion by amending a SEQRA draft environmental impact statement based on the board’s concern that the proposed subdivision was inconsistent with the goals of a recently implemented voluntary program giving area landowners incentives to conserve agricultural property. In Matter of…
An appellate court agreed with Silverberg Zalantis LLC that the zone changes implemented by the Village of Lake Grove did not require a full environmental impact statement before a SEQRA negative declaration could be issued. In Matter of Lake Grove Partners LLC v. Middleton, the Appellate Division Second Department upheld…
On March 14, 2006 the Appellate Division Second Department rejected the issuance of a Negative Declaration under SEQRA in the case Matter of Avy v. Town of Amenia. In upholding the findings of the State Supreme Court, the Appellate Division found that by approving an amendment to the local zoning…
As we noted in our November 28, 2005 post, the New York State Legislature passed a bill which was signed into law by the Governor requiring that, beginning February 26, 2006, municipalities must post all Environmental Impact Statements, required under SEQRA, on the world wide web. The address of all…
The Appellate Division of the New York State Supreme Court decided a trilogy of cases on December 27, 2005 relating to a series of determinations by the City of New Rochelle Zoning Board of Appeals to permit construction of an addition to a local religious institution. The cases, Halperin v.…