News & Analysis as of

SEQRA

Farrell Fritz, P.C.

Friend of the Shawangunks v. Town of Gardiner Planning Board: Litigation Concerning a Popular Outdoor Recreation Area Prompts the...

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OVERVIEW - The Shawangunk Ridge is a cluster of bedrock in upstate New York popular for its scenery and outdoor recreation. The Town of Gardiner’s (“Gardiner”) Shawangunk Ridge Protection District (“SRPD”) protects the...more

Farrell Fritz, P.C.

Exact Compliance with SEQRA Architectural Conditions Are Enforceable

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Recently in BMG Monroe I, LLC v. Village of Monroe Zoning Board of Appeals, the Second Department reinforced strict compliance with all State Environmental Quality Review Act (“SEQRA”) visual impact findings and mitigation...more

Beveridge & Diamond PC

New York Enacts Environmental Justice Permitting Law

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What Happened: New York State Governor Kathy Hochul signed the “Cumulative Impacts Bill” into law. The law expands existing environmental review procedures under the State Environmental Quality Review Act (SEQRA), the state...more

ArentFox Schiff

Environmental Justice Update: New York Becomes Second State to Require EJ-Focused Cumulative Impact Analysis

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On New Year’s Eve, New York Governor Kathy Hochul signed New York’s “Cumulative Impacts” bill into law, making New York the second state in the nation to require assessment of “cumulative impacts” affecting certain...more

Harris Beach PLLC

Court Upholds DEC Permitting Denial Under Still-Evolving New York Climate Leadership and Community Protection Act

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In the first decision regarding an administrative agency’s authority to deny permit applications based on New York’s Climate Leadership and Community Protection Act (“CLCPA”), Orange County Supreme Court in Danskammer Energy,...more

Rivkin Radler LLP

The Title Reporter — Winter 2022

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Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry: •A Delaware trial court has ruled that plaintiffs suing a title insurer for breach of a title insurance policy...more

Farrell Fritz, P.C.

Hampton Bays Downtown Overlay District Form Based Code Annulled for Failing to Comply with SEQRA

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The Town Board of the Town of Southampton adopted the Hampton Bays Downtown Overlay District (“Overlay District”) Form Based Code by Town Board resolution 2020-288 on February 25, 2020 with the support of a Supplemental...more

Beveridge & Diamond PC

New York Appellate Court Finds Lead Agency Took Sufficient “Hard Look” At Environmental Impacts Under SEQRA to Approve Commercial...

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On Thursday, July 8, 2021, New York’s Appellate Division (Third Department) overturned the Supreme Court (Albany) in a highly contested case challenging a Site Plan approval issued by the Planning Board of the Town of...more

Farrell Fritz, P.C.

First Department Affirms Dismissal of Constitutional Challenge to Zoning Resolution

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Last year, the New York County Supreme Court heard an Article 78 challenge by Preserve Our Brooklyn Neighborhoods (“POBN”), a civic organization dedicated to maintaining the unique character and historical significance of the...more

Farrell Fritz, P.C.

A Win for Wind Power: Court Affirms Decision to Forgo Supplemental SEQRA Review of 600-Foot Wind Turbines

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The controversy in Matter of McGraw v Town Board of Town of Villenova (4th Dept Docket No CA 19-01362, Aug. 20, 2020) arose from the environmental review conducted on a proposed wind farm in upstate New York. The developer of...more

Kramer Levin Naftalis & Frankel LLP

Zoning and Land Use: Turning the World Right-Side Up Again

This summer has brought two appellate court decisions that should help alleviate growing concern in the development community that the New York courts are overly receptive to community-based challenges to new development in...more

Farrell Fritz, P.C.

Second Department Affirms Article 78 Reversal of Village Zoning Board Determination

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Petitioner, Claude Simon (“Petitioner”), owns approximately 2.25 acres of property in the Village of Upper Nyack (the “Village”), which he sought to subdivide into two separate lots.  The first lot would contain the existing...more

Farrell Fritz, P.C.

“General” Code Provision Saves Dollar Store Endeavor: Superfluous Interpretations Are Not Required

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In Cady v Town of Germantown Planning Bd., 2020 NY Slip Op 03440 [3d Dept 2020], the Appellate Division, Third Department, reversed the Columbia County Supreme Court’s judgment annulling site plan approval, and dismissed the...more

Harris Beach PLLC

Land Use Appeals Favor Municipalities in New York SEQRA, EDPL Decisions

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Two recent rulings from the Second Department of the New York Appellate Division upheld local land-use decisions under the State Environmental Quality Review Act (SEQRA) and the State Eminent Domain Procedure Law (EDPL)....more

Farrell Fritz, P.C.

How and When to Challenge SEQRA Determinations: Addressing Ripeness and Finality in Article 78 Cases

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How and when to challenge multiple municipal actions regarding a single project often perplexes Article 78 litigants. Varying statutes of limitations may apply to actions taken at various stages for one project, and the...more

Farrell Fritz, P.C.

Second Department Reverses Dismissal of Article 78 Proceeding on Ripeness Grounds

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A recent Second Department decision, Matter of Village of Kiryas Joel v County of Orange, et al., addresses the intriguing justiciability doctrine of ripeness, as applied to judicial review of municipal administrative action....more

Farrell Fritz, P.C.

When it Comes to SEQRA, Reasonable Agencies Are Allowed to Disagree

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In SEQRA litigation, there is an oft-quoted proposition that the Lead Agency may not abdicate or defer its responsibilities under SEQRA to another agency. See Riverkeeper, Inc. v. Planning Bd. of Town of Se., 9 N.Y.3d 219,...more

Farrell Fritz, P.C.

SEQRA Challenge Rejected by Appellate Court Because of Lack of Standing and Untimeliness of the Challenge

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Several prior blog posts discussed standing requirements under the State Environmental Quality Review Act (SEQRA) and the timeliness of challenging a SEQRA determination. A decision from the Appellate Division, Third...more

Farrell Fritz, P.C.

Lack of Standing Prevents a Challenge to a Local Law that Requires Massage Therapists to be Licensed by the Municipality

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The Appellate Division recently issued a decision that explained why a massage therapist and the American Massage Therapy Association, (AMTA), a professional organization of massage therapists, lacked standing to challenge a...more

Farrell Fritz, P.C.

Court Decision Creates Conflicting Case Law with Respect to When to Challenge a SEQRA Final Determination

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The Appellate Division, Second Department, recently issued a decision that appears to be a departure from prior precedent and is certain to create confusion with respect to when to commence an Article 78 claim challenging a...more

Farrell Fritz, P.C.

Town’s Decision To Acquire An Easement To Install A Sewer Line Along The Ludovico Sculpture Trail Is Annulled

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The Ludovico Sculpture Trail (Trail) is located near the Women’s Rights National Historic Park in Seneca Falls, NY. it’s website can be found at cnyhiking.com/LudovicoTrail.htm.  The Trail recently became a centerpiece of a...more

Farrell Fritz, P.C.

Fourth Department: Interest in Architecture and Historic Preservation Not Sufficient to Confer Standing Under SEQRA

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In Schmidt v. City of Buffalo Planning Bd., 174 A.D.3d 1413 (4th Dept., July 31, 2019), the petitioner, Terrence Robinson, filed suit to prevent the demolition of an architecturally significant apartment complex, claiming...more

Farrell Fritz, P.C.

Applicant’s Failure To Include Information About The Whole Project On The Site Plan Ends Up In Remand To Planning Board

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A recent decision from the Supreme Court of Warren County, John Carr v. Village of Lake George Village Board, demonstrates how a simple omission on a site plan approval application can upend an approved project, even though...more

Farrell Fritz, P.C.

The Appellate Division, Third Department, Holds a Brewpub May Be an Accessory Use to a Golf Course

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While the Town of Halfmoon (“Town”) in Saratoga County, New York,  may be far from any given reader, the issues in Micklas v. Town of Halfmoon Planning Board, 170 A.D.3d 1483 (3d Dep’t 2019), are close to the heart: whether a...more

Farrell Fritz, P.C.

Negative Declaration SEQRA Review Upheld for Fairway Manor Expansion in Town of Islip

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Fairway Manor, a senior rental housing complex for ages 55 and older, located on the border of Blue Point and Bayport, was created in 1991 when the Town Board of the Town of Islip approved a change of zone application on a 70...more

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