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PETITIONERS DID NOT HAVE STANDING TO CONTEST APPROVAL OF CONSTRUCTION PROJECT, CLOSE PROXIMITY IS NOT ENOUGH.

The Second Department determined Supreme Court properly found the petitioners did not have standing to challenge the approval of construction project by the zoning board. Although petitioners' property is in close proximity to the proposed project, the petitioners did not demonstrate any harm peculiar to them, as opposed to the community at large:

An allegation of close proximity may give rise to an inference of damage or injury that enables a nearby property owner to challenge a land use decision without proof of actual injury. However, this does not entitle the property owner to judicial review in every instance … . Rather, in addition to establishing that the effect of the proposed change is different from that suffered by the public generally, the petitioner must establish that the interest asserted is arguably within the zone of interests the statute protects … . Thus, “even where petitioner's premises are physically close to the subject property, an ad hoc determination may be required as to whether a particular petitioner itself has a legally protectable interest so as to confer standing” … . * * *

The Supreme Court properly determined that the petitioners failed to establish standing on the basis of alleged traffic impacts, impacts arising from issues of compliance, or community character impacts, as the petitioners failed to establish any harm distinct from that of the community at large … . Matter of CPD NY Energy Corp. v Town of Poughkeepsie Planning Bd., 2016 NY Slip Op 03877, 2nd Dept 5-18-16

ZONING (PETITIONERS DID NOT HAVE STANDING TO CONTEST APPROVAL OF CONSTRUCTION PROJECT, CLOSE PROXIMITY IS NOT ENOUGH)/LAND-USE (PETITIONERS DID NOT HAVE STANDING TO CONTEST APPROVAL OF CONSTRUCTION PROJECT, CLOSE PROXIMITY IS NOT ENOUGH)/STANDING (ZONING, PETITIONERS DID NOT HAVE STANDING TO CONTEST APPROVAL OF CONSTRUCTION PROJECT, CLOSE PROXIMITY IS NOT ENOUGH)/LAND-USE (PETITIONERS DID NOT HAVE STANDING TO CONTEST APPROVAL OF CONSTRUCTION PROJECT, CLOSE PROXIMITY IS NOT ENOUGH)

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