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eBook details

• Title: Matter Har Enterprises v. Town Brookhaven
• Author : Court of Appeals of New York
• Release Date : January 30, 1989
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

[74 N.Y.2d 524 Page 526] Opinion OF THE COURT We granted petitioner leave to appeal in order to address a question pertaining to standing: whether an owner of property which is the subject of a zone change must plead specific environmental harm to challenge the sufficiency of an agency's efforts to comply with SEQRA. We hold that where, as here, the very subject of the proposed action (ECL 8-0105 [4]) is petitioner's property, petitioner is presumptively adversely affected by the violation of SEQRA requirements and that no such specific allegation is necessary (see, Matter of Sun-Brite Car Wash v Board of Zoning & Appeals, 69 N.Y.2d 406, 413-414, 415-416).

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