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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.
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