Legal Opinion · Dissent

WEOK Broadcasting Corp. v. Planning Board

Appellate Division of the Supreme Court of the State of New York

Decided April 25, 1991Published

1DissentLevine, J.

In our view, the application of the appropriate standard of judicial review of a lead agency determination under the State Environmental Quality Review Act (ECL art 8) (hereinafter SEQRA) requires us to uphold the disapproval of this proposed action by respondent and reverse Supreme Court’s annulment thereof. At the outset, we would flatly hold that, under the SEQRA statutes, regulations and case law, aesthetic impact is a proper and valid basis for environmental review. SEQRA contains legislative findings *583that "[t]he maintenance of a quality environment for the people of this state that at…

2Cases cited12 opinions

  1. Jackson v. New York State Urban Development Corp.New York Court of Appeals · 1986
  2. In re Charles A. Field Delivery Service, Inc.New York Court of Appeals · 1985
  3. Akpan v. KochNew York Court of Appeals · 1990
  4. Chinese Staff & Workers Ass'n v. City of New YorkNew York Court of Appeals · 1986
  5. Town of Henrietta v. Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 1980

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