Posted by: Patricia Salkin | June 27, 2009

Town Properly Conducted Environmental Review for Proposed Wal-Mart Project

After determining that the Petitioner homeowners association had standing to challenge the project review since it met its burden of establishing “that at least one of its members would have standing to sue, [and] that it is representative of the organizational purposes it asserts and that the case would not require the participation of individual members.” Although the Town improperly classified the action as Unlisted under the State Environmental Quality Review Act, rather than as a Type I, the Court determined that since the Board followed procedural and substantive guidelines applicable to a Type I action, the improper classification was of no moment.

Pasztor v. Zoning Board of Appeals of the Town of Amherst, 2009 WL 1652970 (N.Y.A.D. 4 Dept. 6/12/2009)

The opinion can be accessed at:

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