Posts marked "Article 78"

Town of East Fishkill Defeats Zoning Challenge

Alexis Saba

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Posted in Article 78, Brownfield Cleanup, Brownfields Redevelopment, Development and Land Use, Land Use & Development, Municipal Law.

In a decision dated January 7, 2019, the New York Supreme Court, Dutchess County, dismissed a lawsuit challenging the Town of East Fishkill’s 2012 zoning code amendment allowing for remediation and redevelopment of former gas station properties in accordance with the bulk conditions that previously existed on the properties, without need for a special permit … Read Post

NY Supreme Court Dismisses ULURP/SEQR Challenge to American Museum of Natural History’s Gilder Center Project

Katherine Ghilain

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Posted in Article 78, Development and Land Use, Environmental Impact Review, Environmental Review, Permitting and Litigation for Private Commercial Developments, Land Use & Development, New York City Environmental Law, New York Environmental Law, SEQRA.

In a decision dated December 10, 2018, Hon. Lynn Kotler of the New York Supreme Court, New York County, dismissed in its entirety litigation challenging the legality of the American Museum of Natural History’s  Richard Gilder Center for Science, Education, and Innovation for failure to comply with New York City’s Uniform Land Use Review Procedure … Read Post

Court Dismisses Article 78 Proceeding Against the Village of Tuckahoe

Alexis Saba

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Posted in Article 78, Environmental Impact Review, Land Use & Development, SEQRA.

The New York State Supreme Court (Westchester County) has dismissed an Article 78 proceeding that challenged the Village of Tuckahoe Planning Board’s State Environmental Quality Review Act (“SEQRA”) determination and Site Plan Approval, as well as the New York State Department of Environmental Conservation’s (“NYSDEC’s”) selected New York State Brownfield Cleanup Program (“BCP”) remedy for … Read Post