Hariri, an attorney and purchaser of the former Grumman Airfield in Riverhead, planned to use it to store one or more business jets. The town was developing a new plan for the enterprise park in which the property is located. Hariri lobbied in favor of a plan that would allow the use. The Long Island Pine Barrens Society opposed the use. The new plan prohibited the use and Hariri filed suit, alleging that the Society had made false accusations concerning his lobbying. The Society counterclaimed, alleging that the suit was an improper strategic lawsuit against public participation (SLAPP suit) in violation of Civil Rights Law § 76-a(1)(b). The trial court dismissed the counterclaim. The New York appeals court affirmed (1st Dept.), reasoning that the law defines a SLAPP suit as brought by a “public applicant or permittee,” and that Hariri cannot be considered a public applicant or permittee based solely on his lobbying efforts.
Hariri v. Amper, 2008 WL 763285 (N.Y. A.D. 1st Dept. 3/25/2008 )
Thanks to Lora Lucero, Esq. editor of APA’s Planning and Environmental Law (PEL) for sharing this abstract from the June issue. For more information on PEL see, http://www.planning.org/PEL/index.htm
