Posted by: Patricia Salkin | August 23, 2017

NY Appellate Court Upholds Finding that Superstorm Sandy Boardwalk Reconstruction was Permitted and Did not Prevent Use of Public Street

Petitioners sought to review a determination of the City of Long Beach to award contracts for the construction of comfort stations along the city boardwalk as part of a plan to reconstruct the boardwalk and restroom facilities that had been destroyed by Hurricane Sandy. The comfort station at issue would be installed adjacent to the petitioners’ condominium complex. The petitioners alleged that the City violated the State Environmental Quality Review Act (SEQRA), article 17 of The Charter of the City of Long Beach, and interfered with their easement of light, air, and access. The Supreme Court, denied the petitioners’ motion for a preliminary injunction, determined that the construction was not a prohibited use of a public street, and dismissed the hybrid proceeding and action.

On appeal, the court found that the proposed construction would neither completely block the petitioners’ ocean view nor prevent the petitioners from using the public street. Instead, the construction would only shorten the length of the dead-end street, and remove several public parking spaces. Furthermore, the turnaround on the street would still be intact, although moved 23 feet to the north, and access to the petitioners’ driveway and building’s entrance would not be impeded. Accordingly, the Supreme Court’s determination that the construction was not a prohibited use of a public street, was upheld.

Shapiro v Torres, 2017 WL 3611866 (NYAD 2 Dept. 8/23/2017)

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