Legal Opinion
Lighthouse Pointe Property Associates LLC v. New York State Department of Environmental Conservation
New York Court of Appeals
Decided February 18, 2010No. 3PublishedCited by 23 opinions
1Opinion of the Court
OPINION OF THE COURT
Read, J.
Petitioner Lighthouse Pointe Property Associates LLC (Lighthouse) commenced this CPLR article 78 proceeding to challenge the decision by the New York State Department of Environmental Conservation (DEC or the Department) to deny its requests for acceptance of certain real property into the Brownfield Cleanup Program (BCP). For the reasons that follow, we conclude that DEC acted arbitrarily and capriciously and contrary to law when it determined that the real property addressed in Lighthouse’s requests did not fall within the statutory definition of a brownfield…
2Cases cited5 opinions
- Kurcsics v. Merchants Mutual InsuranceNew York Court of Appeals · 1980
- In the Matter of Pantelidis v. New York City Board of Standards and AppealsNew York Court of Appeals · 2008
- Destiny USA Development, LLC v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 2009
- East River Realty Co. v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 2009
- Lighthouse Pointe Property Associates LLC v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 2009
3Cited by23 opinions
- Superfund Coalition, Inc. v. Department of Environmental ConservationNew York Court of Appeals · 2011
- Fogelman v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 2010
- Green Thumb Lawn Care, Inc. v. IwanowiczAppellate Division of the Supreme Court of the State of New York · 2013
- Matter of Town of Marilla v. TravisAppellate Division of the Supreme Court of the State of New York · 2017
- DMJ Associates, L.L.C. v. CapassoDistrict Court, E.D. New York · 2016
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