Legal Opinion
Lighthouse Pointe Property Associates LLC v. New York State Department of Environmental Conservation
Appellate Division of the Supreme Court of the State of New York
Decided February 6, 2009PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Fahey, J.
The issue before us on this appeal is whether Supreme Court erred in granting the petition in this CPLR article 78 proceeding and directing respondent New York State Department of Environmental Conservation (DEC) to accept petitioner into the Brownfield Cleanup Program (BCP), set forth in Environmental Conservation Law (ECL) article 27, title 14. We conclude that the court erred in determining that the DEC acted in an arbitrary and capricious manner in denying petitioner’s applications for acceptance into the BCE We therefore conclude that the judgment should be…
2Cases cited5 opinions
- Flacke v. Onondaga Landfill Systems, Inc.New York Court of Appeals · 1987
- Riverkeeper, Inc. v. Planning BoardNew York Court of Appeals · 2007
- Paramount Communications, Inc. v. Gibraltar Casualty Co.New York Court of Appeals · 1997
- Bath Petroleum Storage, Inc. v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 2002
- Smith v. New York State Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 2006
3Cited by4 opinions
- Lighthouse Pointe Property Associates LLC v. New York State Department of Environmental ConservationNew York Court of Appeals · 2010
- Destiny USA Development, LLC v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 2009
- LIGHTHOUSE POINTE PROPERTY ASSOCIAT v. NYS DEPT. OF ENVIRONMENTAL CONSERVAppellate Division of the Supreme Court of the State of New York · 2011
- Lighthouse Pointe Property Associates LLC v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 2011