Posted by: Patricia Salkin | March 24, 2016

NY Appellate Court Upholds Denial of an Application for the Revocation of a Building Permit for a Temporary Asphalt Plant for Lack of Standing

Petitioner commenced this proceeding to challenge the construction of a temporary asphalt plant located on property in the Town of New Windsor Airport (AP) District leased to the Jointa Lime Company by the Town of New Windsor. The plant was to be used to supply asphalt to repave the runways at Stewart International Airport and for a repaving project for the New York State Department of Transportation at Interstate–84. The petitioner alleged that its members would be harmed by the plant because it would have a negative environmental impact on Stewart State Forest. The respondents separately moved to dismiss the petition on the ground that the petitioner lacked standing. The Supreme Court granted the motions to dismiss the petition on the ground that the petitioner lacked standing, and dismissed the proceeding.

Here, the petitioner submitted an affidavit from one of its members asserting that he frequently used the area of Stewart State Forest that was closest to the temporary asphalt plant. However, the court found that his allegations that the operation of the plant polluted the natural resources of the forest were conclusory and speculative, and therefore, insufficient to establish standing. Accordingly, the court held that the Supreme Court properly granted the respondents’ motions to dismiss the proceeding on the ground that the petitioner lacked standing, and properly dismissed the proceeding.

Park v Town of New Windsor Zoning Board of Appeals, 2016 WL 886112 (NYAD 2 Dept. 3/9/2016)

 


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