Posted by: Patricia Salkin | October 18, 2015

NY Appellate Court Finds Board Fulfilled Its Obligations Under SEQRA in Issuing Site Plan Approval

Saint James Antiochian Orthodox Church brought an Article 78 petition seeking review of two resolutions of the Town of Hyde Park Planning Board issuing a negative declaration pursuant to the State Environmental Quality Review Act (SEQRA), and granting site plan approval and special use permit to the respondent NND Poughkeepsie Properties, LLC. The petitioner appealed from the judgment of the Supreme Court, Dutchess County, which denied the petition and dismissed the proceeding.

The court first noted that judicial review of an agency determination under the State Environmental Quality Review Act is limited to determining whether the challenged determination was affected by an error of law, or was arbitrary and capricious, an abuse of discretion, or the product of a violation of lawful procedure. Here, contrary to the petitioner’s contentions, the court found the Town of Hyde Park Planning Board fulfilled its obligations under SEQRA by “taking a hard look at the relevant areas of environmental concern” and setting forth a “reasoned elaboration for its determination to issue a negative declaration”. Since the Planning Board rationally determined that the requirements for the issuance of the special use permit were met, the Supreme Court properly denied the petition and dismissed the proceeding.

Saint James Antiochian Orthodox Church v Town of Hyde Park, 2015 WL 5827160 (NYAD 2 Dept. 10/7/2015)


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

Categories

%d bloggers like this: