Legal Opinion
Matter of J. Owens Bldg. Co., Inc. v. Town of Clarkstown
Appellate Division of the Supreme Court of the State of New York
Decided May 27, 2015No. 2014-05004PublishedCited by 4 opinions
1Opinion of the Court
Proceeding pursuant to EDPL 207 to review a determination of the Town Board of the Town of Clarkstown dated April 8, 2014, made after a public hearing, authorizing the condemnation of certain real property.
Adjudged that the petition is granted, on the law, with costs, the determination is rejected, and the matter is remitted to the Town Board of the Town of Clarkstown to conduct an appropriate environmental review pursuant to the State Environmental Quality Review Act (ECL art 8) in accordance herewith.
The scope of judicial review in a proceeding pursuant to EDPL 207 “is limited to whether…
2Cases cited5 opinions
- Waldo's, Inc. v. Village of Johnson CityNew York Court of Appeals · 1989
- Village of Tarrytown v. Planning BoardAppellate Division of the Supreme Court of the State of New York · 2002
- Teich v. BuchheitAppellate Division of the Supreme Court of the State of New York · 1995
- Long Island Pine Barrens Society, Inc. v. Town BoardAppellate Division of the Supreme Court of the State of New York · 2002
- Hargrove v. New York City School Construction AuthorityAppellate Division of the Supreme Court of the State of New York · 2012
3Cited by4 opinions
- Matter of 24 Franklin Ave. R.E. Corp. v. HeashipAppellate Division of the Supreme Court of the State of New York · 2016
- Matter of Sandora v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2020
- Matter of Adirondack Historical Assn. v. Village of Lake Placid/lake Placid Vil., Inc.Appellate Division of the Supreme Court of the State of New York · 2018
- Matter of Kogut v. Village of Chestnut RidgeAppellate Division of the Supreme Court of the State of New York · 2023