Posted by: Patricia Salkin | February 17, 2020

NY Appellate Court Holds Homeowners Lacked Standing to Challenge Amendment of City’s Zoning Code and Map and the Issuance of a Negative SEQRA Declaration

This post was authored by Matthew Loescher, Esq,

 

Petitioners commenced this hybrid proceeding to challenge the approval by the respondent City Council of the City of New Rochelle of the construction of a senior citizen residence on petitioners’ property located in the City of New Rochelle approximately 1,200 feet to 1,800 feet from their respective homes. The respondents City of New Rochelle, City Council of the City of New Rochelle, and City of New Rochelle Planning Board moved to dismiss the petition on the ground that the petitioners lacked standing. The Supreme Court granted the motions to dismiss, and petitioners appealed.

 

The record reflected the petitioners’ residences were not adjacent to the subject property, but were several streets and building lots away from it and are separated from it by another housing complex. Moreover, the speculative and unsubstantiated claims of potential harm alleged in the petition failed to make the requisite showing that the petitioners would suffer any direct injury-in-fact different in kind or degree from that experienced by the public at large, and therefore failed to satisfy the petitioners’ burden of establishing that they had standing. Accordingly, the court affirmed the Supreme Court’s dismissal of the petition/complaint for lack of standing.

 

Vasser v. City of New Rochelle, 180 A.D.3d 691 (2 Dept. 2020)

 


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