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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.

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