Legal Opinion
Incorporated Village of Atlantic Beach v. Gavalas
New York Court of Appeals
Decided May 6, 1993PublishedCited by 22 opinions
1Opinion of the Court
OPINION OF THE COURT
Titone, J.
The question presented by this appeal is whether a municipal agency responsible for issuing building permits may require a developer to submit an Environmental Impact Statement (EIS) as a prerequisite to approving the permit application. Because the Village Ordinance at issue here does not entrust the Building Inspector with the type of discretion which would allow a permit grant or denial to be based on the environmental concerns detailed in an EIS, building permit issuance does not constitute an agency "action” within the purview of the State Environmental…
2Cases cited3 opinions
- E.F.S. Ventures Corp. v. FosterNew York Court of Appeals · 1988
- Filmways Communications of Syracuse, Inc. v. DouglasAppellate Division of the Supreme Court of the State of New York · 1985
- Pius v. BletschNew York Court of Appeals · 1987
3Cited by22 opinions
- Ziemba v. City of TroyAppellate Division of the Supreme Court of the State of New York · 2006
- Metropolitan Museum Historic District Coalition v. De MontebelloAppellate Division of the Supreme Court of the State of New York · 2005
- Steele v. Town of Salem Planning BoardAppellate Division of the Supreme Court of the State of New York · 1994
- Develop Don't Destroy v. Urban Development Corp.Appellate Division of the Supreme Court of the State of New York · 2009
- Settco, LLC v. New York State Urban Development Corp.Appellate Division of the Supreme Court of the State of New York · 2003
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