Posted by: Patricia Salkin | February 26, 2020

NY Appellate Court Holds Non-Adjacent Property Owners Lacked Standing

This post was authored by Matthew Loescher, Esq.

Petitioners commenced this hybrid proceeding to challenge the City Council of the City of New Rochelle’s approval of the construction of a senior citizen residence approximately 1,200 feet to 1,800 feet from their respective homes. The Supreme Court granted those branches of the City’s motions to dismiss on the ground that the petitioners lacked standing.

Here, the petitioners’ residences were not adjacent to the subject property, but were several streets and building lots away from it and were separated from it by another housing complex. Moreover, the court found that 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 to commence this proceeding. Accordingly, the court affirmed the Supreme Court’s determination granting the defendant’s motion to dismiss for lack of standing.

Vasser v. City of New Rochelle, 2020 WL 559457 (NYAD 2 Dept. 2/2/2020)

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