Riverkeeper, Inc. v. Planning Board of Town of Southeast

Spolzino, J.,

concurs in part and dissents in part and votes to dismiss the appeal from the decision and to affirm the judgments, with the following memorandum: I have a somewhat different view of the record than my colleagues. As I see it, the Planning Board took the requisite hard look at the areas of environmental concern identified by the Supreme Court in its prior determination and, based upon that review, rationally determined on the basis of substantial evidence in the record that no supplemental environmental impact statement (hereinafter SEIS) was necessary pursuant to the State…