A Planning Board decision under the State Environmental Quality Review Act was challenged, as was the zoning law under which the proposed shopping center project was judged by the Planning Board. The Planning Board used the zoning law in effect when the application was complete. The Plaintiffs/Petitioners wanted the board to apply the new zoning law, adopted after the application was complete, but four months before the Planning Board decision. The Appellate Division, Third Department, held that the SEQRA review procedure and scope was appropriate, and that it was correct for the Planning Board to apply the law in effect when the application was complete.
Firefox recommends the PDF Plugin for Mac OS X for viewing PDF documents in your browser.
We can also show you Legal Updates using the Google Viewer; however, you will need to be logged into Google Docs to view them.
Please choose one of the above to proceed!
LOADING PDF: If there are any problems, click here to download the file.
Published In:
Civil Procedure Updates, Civil Remedies Updates, Environmental Law Updates, Commercial Real Estate Updates, Zoning, Planning & Land Use Updates
Reference Info:
Decision |
State, 2nd Circuit, New York |
United States
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
© Reuben Ortenberg, Fix Spindelman Brovitz & Goldman, P.C. | Attorney Advertising
