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When, at the culmination of environmental review under the State Environmental Quality Review Act (SEQRA), a municipality resolves to require a developer to ameliorate environmental impacts, can anyone other than the municipality itself enforce the requirement? Most SEQRA cases involve attacks on an agency’s compliance with SEQRA procedures, but in Mutual Aid Association v. City of Yonkers, NYLJ 11/15/21, p. 21, the Second Department faced a challenge to the municipality’s follow through long after the SEQRA review was completed. Because the court resolved the case by concluding that the municipality had not, in fact, imposed a requirement on the developer, the court avoided the more basic question: can a municipality or other lead agency impose a requirement and then decide not to enforce it.
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By NYRE Staff
Encroachment By Party Wall Will Not Support a Notice of Pendency
Questions of Fact Remain In Party Wall Dispute
Easement Was Only for Access
Seller’s Failure to Provide Estoppel Certificates Excuses Purchaser from Performing
Equitable Title Claim Upheld
By NYRE Staff
Nonpayment Proceeding Not Available for Use and Occupancy
Questions of Fact About Whether Landlord Accepted Surrender
Improper Withholding of Consent Does Not Excuse Guarantor
Loft Board’s Rejection of Abandonment Petition Upheld
By NYRE Staff
Town Law Does Not Require Public Hearing On Site Plan Approval
Court Finds Rabbinical College Lawsuit Against Village Is Not Ripe for Determination
By Steven M. Silverberg
The Southern District of New York, as part of an unresolved 14-year saga in the Village of Pomona, New York, found that the Plaintiffs, who are seeking to construct a Rabbinical College, had brought an action against the Village that is not ripe for adjudication.
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