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Local Law Prohibiting Drive-Through Windows Requires Full Environmental Assessment Form
Miranda Holdings, Inc. v. Town Board of the Town of Orchard Park, 2022 WL 2092594, AppDiv, Fourth Dept. (memorandum opinion)
In landowner's article 78 proceeding/ declaratory judgment action challenging the town's enactment of a local law prohibiting use of drive-through windows in an architectural overlay district, the town appealed from Supreme Court's grant of the petition. The Appellate Division affirmed, holding that the town had failed to comply with the State Environmental Quality Review Act (SEQRA).
Landowner sought approval of a commercial structure with a restaurant that included a drive-through window. A 2019 local law prohibits the use of drive-through windows in the Architectural Overlay District. Landowner brought this article 78 proceeding contending that the local law was adopted in violation of SEQRA because the town failed to treat the law as a "Type I" action. Supreme Court granted the petition and the town appealed.
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