Balunas v. Owego

Appeal from that part of an order of the Supreme Court (Tait, J.), entered December 26, 2007 in Tioga County, which partially denied defendant’s motion to dismiss the complaint.

Plaintiffs commenced this action seeking damages and a permanent injunction prohibiting defendant from constructing a water tank—35 feet in diameter and 30 feet high—on a parcel of land that abuts their property. Specifically, plaintiffs alleged that defendant violated the State Environmental Quality Review Act (see ECL art 8 [hereinafter SEQRA]), that defendant’s construction of the tank would constitute an unlawful…