NY Appellate Court docket Finds Homeowners Had been Not in Shut Proximity to the Topic Property to Give Rise to Standing

This submit was authored by Matthew Loescher, Esq.

Formation-Shelbourne was the potential purchaser of property owned by the respondent Alfred H. Krautter and positioned within the City of Greenburgh. Formation-Shelbourne utilized to the respondent City Board of the City of Greenburgh for a particular allow in relation to its proposed development of an assisted residing facility on the property. Following a listening to, the City Board authorized a decision granting Basis-Shelbourne a particular allow for the mission. The person petitioners/plaintiffs, who resided within the neighborhood of the proposed facility, along with the petitioner/plaintiff organizations, commenced this hybrid continuing pursuant to CPLR article 78 to assessment the City Board’s dedication, which granted the appliance of the defendant Formation-Shelbourne Senior Residing Providers, LLC, for a particular allow associated to the proposed development of an assisted residing facility, and motion for associated declaratory and injunctive reduction. On this case, petitioners attraction from an order and judgment of the Supreme Court docket, Westchester County that granted the separate motions of the defendants to dismiss the petition/grievance.

Right here, whereas the court docket famous that an allegation of shut proximity might give rise to an inference of harm or harm that permits a close-by property proprietor to problem a land use resolution with out proof of precise harm, the person petitioners/plaintiffs failed to determine that their properties have been positioned in enough proximity to the proposed improvement to offer rise to such an inference. Furthermore, the petitioners/plaintiffs’ generalized allegations that the City Board’s dedication might end in a public security hazard didn’t set forth an precise harm distinct from that suffered by the general public at giant. For the reason that standing of the petitioner/plaintiff organizations—Council of Greenburgh Civic Associations and Edgemont Neighborhood Council—was dependent upon the standing of the person petitioners/plaintiffs, the petitioner/plaintiff organizations additionally lack standing. Accordingly, the order and judgment of the trial court docket was affirmed.

Council of Greenburgh Civic Associations v City Board of the City of Greenburgh, 2022 WL 468421 (NYAD 2 Dept. 2/16/2022)

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