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Failure to Require SEIS Not Arbitrary
Matter of Viserta v. Town of Wawayanda Planning Board
NYLJ 12/22/17, p. 22., col. 5.
AppDiv, Second Dept. (memorandum opinion)
In neighbors' article 78 proceeding challenging the town planning board's refusal to require a supplemental environmental impact statement (SEIS) for a natural gas power plant, neighbors appealed from Supreme Court's denial of the petition and dismissal of the proceeding. The Appellate Division affirmed, holding that the board's determination was supported by evidence.
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