Neighbor Standing to Challenge SEQRA Determinations

When does an immediately adjacent neighbor have standing to challenge a SEQRA determination? In Matter of Sun-Brite Car Wash, Inc. v. Board of Zoning and Appeals, 69 N.Y.2d 406, the Court of Appeals made it clear that adjacent neighbors have presumptive standing to challenge zoning determinations. However, in Hohman v. Town of Poestenkill, 2020 WL 20407, a case decided in January, the Third Department, following its own precedent, has held that no similar presumption arises with respect to SEQRA determinations, at least when the SEQRA determination does not arise in the context of zoning. The Third Department's holding stands in contrast to Second Department cases applying the Sun-Brite rule to SEQRA determinations even outside the zoning context.

The Hohman case

In Hohman, the town entered into negotiations with the Nature Conservancy to acquire a 138-acre parcel owned and maintained by the Conservancy. The town board classified the action as a Type I action under SEQRA and prepared an environmental assessment form (EAF). Upon review of the EAF, the town board issued a negative declaration, concluding that the acquisition would have no adverse environmental impact. Neighbors brought this article 78 proceeding challenging the determination, but Supreme Court concluded that neighbors lacked standing.