Posted by: Patricia Salkin | January 29, 2011

NY Appellate Court Finds Property Owner Had Standing to Challenge Proposed Development

A resident who owned property 697 feet from the property line of a proposed development that would permit the developer to utilize a private sewage treatment plant rather than the City of Oswego’s public sewer system appealed a judgment determining he lacked standing to bring a petition under CPLR article 78 against the Town’s Planning Board.  The Fourth Department reversed, noting that although the resident was without authority to take an appeal on behalf of two other petitioners because he was not an attorney admitted to practice law in New York, he did have standing to seek judicial review without pleading and proving special damage because he was within the zone of interest to be protected by article 8 of the Environmental Conservation Law. Resident alleged the Planning Board’s decision would result in environmental harm to him, and the court found an adverse effect or aggrievement could be inferred from the proximity of his property to the development.  Resident’s petition was reinstated and the matter was remitted to Supreme Court for further proceedings. 

Ontario Heights Homeowners Association v. Oswego Planning Board and United Group Development Corp., 2010 WL 3941595 (N.Y.A.D. 4 Dept. 10/8/2010) 

The decision can be accesseed at: http://www.courts.state.ny.us/reporter/3dseries/2010/2010_07213.htm


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