Legal Opinion
DAWLEY, DESIREE v. WHITETAIL 414, LLC
Appellate Division of the Supreme Court of the State of New York
Decided July 10, 2015No. CA 15-00089PublishedCited by 11 opinions
1Opinion of the Court
Appeal from a judgment (denominated order and judgment) of the Supreme Court, Seneca County (W. Patrick Falvey, A.J.), entered September 18, 2014 in a CPLR article 78 proceeding. The judgment dismissed the petition.
It is hereby ordered that the judgment so appealed from is reversed on the law without costs, and the petition is granted.
Memorandum: Petitioners commenced this CPLR article 78 proceeding seeking, inter alia, to annul the negative declaration issued by respondent Town of Tyre Town Board (Town Board) on June 12, 2014 under the State Environmental Quality Review Act ([SEQRA] ECL art…
2Cases cited4 opinions
- King v. Saratoga County Board of SupervisorsNew York Court of Appeals · 1996
- Troy Sand & Gravel Co. v. Town of NassauAppellate Division of the Supreme Court of the State of New York · 2011
- Badura v. GuelliAppellate Division of the Supreme Court of the State of New York · 1983
- Tupper v. City of SyracuseAppellate Division of the Supreme Court of the State of New York · 2007
3Cited by11 opinions
- Matter of Rochester Eastside Residents for Appropriate Dev., Inc. v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 2017
- Casino Free Tyre v. Town BoardNew York Supreme Court · 2016
- Matter of Adirondack Historical Assn. v. Village of Lake Placid/lake Placid Vil., Inc.Appellate Division of the Supreme Court of the State of New York · 2018
- Finger Lakes Racing Ass'n v. New York State Gaming Facility Location BoardNew York Supreme Court · 2015
- MEYER, ANN v. ZONING BOARD OF APPEALS OF CITY OFAppellate Division of the Supreme Court of the State of New York · 2016
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