NY Appellate Court Dismisses SEQRA and Consistency with LWRP and Zoning Ordinance Claims Finding the Matter Moot

Petitioners brought an Article 78 proceeding to annul the determination of the Erie Canal Harbor Development Corporation issuing a negative declaration pursuant to SEQRA with respect to a construction project and to annual the determination of the City of Buffalo that the project was consistent with the City’s Local Waterfront Revitalization Program and the City’s zoning ordinance.  However, the petitioner did not move for preliminary injunctive relief to enjoin the construction from continuing pending the litigation.  As a result, the appellate court dismissed the matter as moot since the construction had progressed to a point that is was now substantially complete.

In the Matter of League of Women Voters of Buffalo/Niagara, Inc. v Erie Canal Harbour Development Corporation, 2023 WL 4283549 (NYAD 4 Dept. 6/30/2023)