Westchester County Supreme Court Dismisses Challenge to Firm Client’s Land Use Approvals
In an Article 78 proceeding brought to challenge the extension of site plan approval and associated environmental review for the Firm Client’s new mixed-use residential/commercial project, the Westchester County Supreme Court denied the petition and dismissed the proceeding on motion based on petitioner’s lack of standing. In his Decision and Order, Judge Robert A. Neary, J.S.C. held that “Petitioner’s connection to the proposed project provides an insufficient basis to convey standing or to demonstrate that he would suffer an injury-in-fact or one that would fall within the zone of interest sought to be protected by the statutory provisions under which the agency has acted. The speculative and unsubstantiated claims of potential harm alleged in the Petition failed to make the requisite showing that the Petitioner would suffer any direct injury-in-fact different in kind or degree from that experienced by the public at large, and therefore, fails to satisfy the Petitioner’s burden of establishing that he has standing to commence this proceeding/action.” (citations omitted). Janet J. Giris and Diana B. Kolev handled the matter for the Firm’s Client. Decided July 27, 2023.