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Landowner Lacks Standing to Challenge Negative SEQRA Determination With Respect to Prohibition of Use On Its Own Parcel
2024 WL 5180778
AppDiv, Fourth Dept.
(3-2 decision; memorandum opinion; dissenting memorandum)
In landowner’s article78 proceeding challenging the town’s negative declaration under SEQRA with respect to a proposed law that would prohibit operation of a waste management facility, a citizen’s group appealed from Supreme Court’s determination that landowner had standing to bring the proceeding. A divided Appellate Division reversed, holding that landowner lacked standing because it alleged only economic injury, not environmental injury.
Landowner owns a solid waste management facility that would be directly impacted by the town’s proposed local law. Based on that ownership, Supreme Court concluded that landowner had standing to challenge the town’s SEQRA determination. A citizens’ group that had opposed landowner’s standing in Supreme Court appealed from Supreme Court’s determination.
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