A New York appellate court explained that a town board member lacked standing to challenge both the town and the developer in either his individual and official capacities with respect to the development of vacant property. With respect to standing in his individual capacity as a resident of the Town, the Court said that the plaintiff failed to allege any injury different from that of the public at large. Further, the court said that although the board member voted in the minority on the town board with respect to the proposal, the record does not support his contention that the challenged action of the Board nullified his vote and usurped his power as a board member. Therefore, he has not suffered any injury sufficient to provide him with standing.
Colton v Town Board of the Town of Amherst, 72 A.D. 3d 1638, 899 N.Y.S. 2d 498 (4 Dept. 4/30/2010).
The opinion can be accessed at: http://www.courts.state.ny.us/ad4/court/Decisions/2010/04-30-10/PDF/0658.pdf
