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Changes in Regulatory Landscape Justify Rescission of Negative Declaration
Leonard v. Planning Board of the Town of Unionvale NYLJ 8/17/18, p. 28, col. 5 AppDiv, Second Dept. (memorandum opinion).
In a hybrid Article 78 proceeding/action for declaratory relief, landowner appealed from Supreme Court's denial of its challenge to the Planning Board's rescission of a negative declaration under the State Environmental Quality Review Act (SEQRA). The Appellate Division affirmed, holding that changes in the regulatory landscape could constitute grounds for rescinding a negative declaration.
In 1987, in connection with a proposal to subdivide a 95-acre parcel, the town planning board issued a negative declaration. Landowner then sought and received approval from the board to subdivide a portion of the property. Twenty-five years later, in 2012, landowner applied for preliminary plat approval for the remainder of the parcel. The planning board rejected the application as incomplete based on its determination that the 1987 declaration was not operative. When landowner challenged that determination, the courts concluded that the planning board could not rescind the declaration without giving landowner notice and an opportunity to be heard. The planning board then conducted a public hearing and rescinded the declaration. Landowner then brought this challenge to the rescission. Supreme Court denied the petition and dismissed the proceeding. Landowner appealed.
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