attorney Archives - Page 5 of 5 - BN
13 May, 2026
1 min read

NY Appellate Court Dismisses SEQRA and Consistency with LWRP and Zoning Ordinance Claims Finding the Matter Moot

Posted by: Patricia Salkin | June 30, 2023 NY Appellate Court Dismisses SEQRA and Consistency with LWRP and Zoning Ordinance Claims Finding the Matter Moot Petitioners brought an Article 78 proceeding to annul the determination of the Erie Canal Harbor Development Corporation issuing a negative declaration pursuant to SEQRA with respect to a construction project […]

1 min read

NY Appellate Court Affirmed Approval of Subsurface Sewage-Disposal System Finding Local Government Complied with SEQRA and Local Law Codifying Zoning

This post was authored by Tyler Doan, Esq. Petitioner appealed a decision of the ZBA town, town board, and related defendants challenging a dismissal by the ZBA of the challenge to the zoning enforcement officer’s determination that a proposed subsurface sewage-disposal system was a permitted nonresidential accessory use that could be located on a split […]

3 mins read

NY Appellate Court Upholds Condemnation by Town

The Petitioner challenges the determination of the Town of Tonawanda (Town), which authorized the condemnation of property owned by the petitioner following a public hearing. The property, situated along the Niagara River, includes a coal-fired electric generating station that was decommissioned in 2016 and water intake structures. Petitioner commenced proceeding No. 1 asserting that the […]