Posted by: Patricia Salkin | May 24, 2016

NY Appellate Court Upholds Denial of Petitions Due to Lack of Standing

The petitioners leased and operated a gas station and convenience store on certain property which was adjacent to property owned by the respondent R & D Hotel. R & D proposed a redevelopment project on its property to remove existing hotel structures and create and lease four new buildings, along with new parking and utilities, for a fast food restaurant, a fueling station with a kiosk for staff, a bank/retail building, and a three-story hotel. The petitioners commenced two proceedings challenging determinations made by the respondents Town of Poughkeepsie Planning Board and Town of Poughkeepsie Zoning Board of Appeals with regard to the proposed project. The trial court denied the petitions and dismissed the proceedings on the ground that the petitioners lacked standing.

Here, the petitioners alleged standing on the basis of proximity, issues and interests within the zone of interests, and adverse impacts including: traffic impacts, impacts arising from issues of compliance with the land use laws, rules, regulations, and procedures of the town, community character impacts, and access issues related to an interconnection between the subject property and the petitioners’ property. The court found that the petitioners failed to establish any harm distinct from that of the community at large. Additionally, the petitioners did not have standing on the basis of any alleged access issues related to an interconnection between the subject property and their own, because they failed to establish any right of access to the interconnection and failed to allege any potential adverse impact of the interconnection’s closure. Accordingly, the court held that the Supreme Court properly denied the petitions and dismissed the proceedings on the basis of the petitioners’ lack of standing.

CPD NY Energy Corp. v. Town of Poughkeepsie Planning Bd., 2016 WL 2890119(NYAD 2 Dept. 5/18/2016)


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: