Posted by: Patricia Salkin | December 14, 2013

NY Appellate Court Finds No Standing to Challenge SEQRA Ruling Based on Proximity

Tuxedo Reserve Owner, LLC owns a 2,400 acre parcel of land in the Town of Tuxedo which is the subject of the current proceeding challenging the Town Board’s granting of a special permit and preliminary plat approval for more than 1,000 dwelling units as well as for nonresidential development on the parcel. Petitioners challenged, among other things, the granting of the last application for amendments based on the board’s SEQRA review. The appellate court determined that the petitioners lacked standing since their individual properties were not located in sufficient proximity to the proposed development . Further, since the individual petitioners did not have standing, the petitioner organizations (of which the individual were members) did not have standing either.

Tuxedo Land Trust, Inc. v Town Board of Tuxedo, 2013 WL 6485253 (NYAD 2 Dept. 12/11/2013)

The opinion can be accessed at: http://www.courts.state.ny.us/courts/ad2/calendar/webcal/decisions/2013/D40008.pdf


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