Legal Opinion

Neville v. Koch

New York Court of Appeals

Decided May 5, 1992PublishedCited by 40 opinions

1Opinion of the Court

OPINION OF THE COURT

Kaye, J.

The agency "action” triggering the Environmental Impact Statement (EIS) in issue on this appeal is a legislative act— New York City’s proposed rezoning of a full City block located *420on West 42nd Street (the Site), from medium-density manufacturing to high-density commercial and residential. Petitioners’ challenge calls upon us to answer two questions. First, where at the time of rezoning there were no actual projects yet proposed for the Site and SEQRA review was premised on hypothetical uses, was it proper to approve the rezoning unconditionally, or should it have…

2Cases cited17 opinions

  1. Jackson v. New York State Urban Development Corp.New York Court of Appeals · 1986
  2. Akpan v. KochNew York Court of Appeals · 1990
  3. Parkview Associates v. City of New YorkNew York Court of Appeals · 1988
  4. Chinese Staff & Workers Ass'n v. City of New YorkNew York Court of Appeals · 1986
  5. E.F.S. Ventures Corp. v. FosterNew York Court of Appeals · 1988

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3Cited by40 opinions

  1. City Council of Watervliet v. Town Board of ColonieNew York Court of Appeals · 2004
  2. Mobil Oil Corp. v. City of Syracuse Industrial Development AgencyAppellate Division of the Supreme Court of the State of New York · 1996
  3. Roosevelt Islanders for Responsible Southtown Development v. Roosevelt Island Operating Corp.Appellate Division of the Supreme Court of the State of New York · 2001
  4. Defreestville Area Neighborhoods Ass'n v. Town Board of North GreenbushAppellate Division of the Supreme Court of the State of New York · 2002
  5. Chinese Staff & Worker's Ass'n v. BurdenAppellate Division of the Supreme Court of the State of New York · 2011

35 more not listed; retrieve them via the Exa API.

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