Committee to Preserve the Historic Chautauqua Amphitheater v. Board of Trustees

OPINION OF THE COURT

Frank A. Sedita, III, J.

Petitioners have brought a CPLR article 78 proceeding, which seeks to preliminarily and permanently enjoin any activity on the Chautauqua Institution’s amphitheater construction project, as well as to annul and set aside permits issued by the Town of Chautauqua Code Enforcement Officer. The pertinent background and procedural history are as follows.

The Chautauqua Institution (Cl) is a nonprofit adult education center and summer resort in the Town of Chautauqua, New York. Founded in 1874 and currently designated as a National Historic Landmark…