You are here: / / PETITIONERS DID NOT HAVE STANDING TO OBJECT TO CONSTRUCTION ON PARK LA...

PETITIONERS DID NOT HAVE STANDING TO OBJECT TO CONSTRUCTION ON PARK LAND.

The Second Department determined petitioners did not have standing to object to the construction of a water purification facility, called an “air stripper” on park land. The petitioners alleged they frequented the park and the natural setting would be destroyed by the air stripper. Standing under the State Environmental Quality Review Act  (SEQRA) is demonstrated by injury which is different from any injury suffered by the public at large:

“To establish standing under SEQRA, a petitioner must show (1) an environmental injury that is in some way different from that of the public at large, and (2) that the alleged injury falls within the zone of interests sought to be protected or promoted by SEQRA” … . “[I]n land-use and environmental cases, a person who can prove that he or she uses and enjoys a natural resource more than most other members of the public has standing . . . to challenge government actions that threaten that resource'” … .

Here, the petitioners failed to establish that they use and enjoy the portion of the park in the vicinity of the proposed location for the air stripper more than most other members of the public … . Matter of Brummel v Town of N. Hempstead Town Bd., 2016 NY Slip Op 08513, 2nd Dept 12-21-16

 

ENVIRONMENTAL LAW (PETITIONERS DID NOT HAVE STANDING TO OBJECT TO CONSTRUCTION ON PARK LAND)/STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA) (PETITIONERS DID NOT HAVE STANDING TO OBJECT TO CONSTRUCTION ON PARK LAND)/STANDING (ENVIRONMENTAL LAW, PETITIONERS DID NOT HAVE STANDING TO OBJECT TO CONSTRUCTION ON PARK LAND)

You might also like
Rear-End Collision Liability Explained
Violation of Confrontation Clause Was Harmless Error
Out-of-Court Statement Leading to Discovery of the Weapon Did Not Violate Defendant’s Right of Confrontation Because There Was No “Direct Implication” the Statement Involved the Defendant’s Possession of the Weapon
PETITION FOR A REFERENDUM CONCERNING THE SALE OF TOWN LAND FOR THE DEVELOPMENT OF A RECREATIONAL PARK SHOULD NOT HAVE BEEN INVALIDATED, THE PETITION MET THE REQUIREMENTS OF TOWN LAW 91 (SECOND DEPT).
GRANDMOTHER, BASED UPON HER PAST CARE OF THE CHILDREN, WAS THE FUNCTIONAL EQUIVALENT OF A PARENT WHO HAD STANDING TO APPLY FOR A HEARING TO DETERMINE WHETHER THE CHILDREN SHOULD BE RETURNED TO HER, FAMILY COURT REVERSED (SECOND DEPT).
PETITION FOR LEAVE TO FILE LATE NOTICE OF CLAIM AGAINST THE TOWN AMBULANCE IN THIS WRONGFUL DEATH, MEDICAL MALPRACTICE AND PUBLIC HEALTH LAW ACTION SHOULD NOT HAVE BEEN GRANTED, NO REASONABLE EXCUSE FOR THE DELAY AND NO TIMELY KNOWLEDGE ON THE PART OF THE MUNICIPALITY (SECOND DEPT).
THE PURPORTED REFORMATION OF THE INSURANCE CONTRACT TO REDUCE COVERAGE AFTER THE TRAFFIC ACCIDENT OCCURRED IS UNENFORCEABLE, THE INSURER IS LIABLE FOR THE ORIGINAL COVERAGE AMOUNT (SECOND DEPT).
PLAINTIFF ALLEGED A CRACKED WINDOW PANE BROKE AND FELL, INJURING HER HAND; THERE WAS EVIDENCE OF AT LEAST 33 INSTANCES WHERE A WINDOW IN DEFENDANT’S BUILDING WAS IN NEED OF REPAIR (A RECURRING DANGEROUS CONDITION), RAISING A QUESTION OF FACT WHETHER DEFENDANT HAD A DUTY TO INSPECT THE WINDOWS (SECOND DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

COURTS OF EQUITY HAVE BROAD POWERS TO ACT IN THE INTEREST OF JUSTICE, FORECLOSURE... CONSTRUCTIVE TRUST PROPERLY IMPOSED UPON PROPERTY PURCHASED AND IMPROVED WITH...