Legal Opinion

Simonson v. Adirondack Park Agency

New York Supreme Court

Decided June 13, 2008Published

1Opinion of the Court

*776OPINION OF THE COURT

David B. Krogmann, J.

Petitioners bring this CPLR article 78 proceeding seeking to overturn a decision of the Adirondack Park Agency (the APA or Agency) wherein a nonjurisdictional letter (NJ letter) issued by APA administrators by date of February 28, 2006 was rescinded by letter of March 23, 2007. Petitioners sought a declaratory ruling from the Agency, which ruling, affirming the rescission letter, was issued by date of June 25, 2007. Petitioners allege the ruling was made in violation of lawful procedure, was affected by an error of law and was arbitrary, capricious and…

2Cases cited6 opinions

  1. Parkview Associates v. City of New YorkNew York Court of Appeals · 1988
  2. Flacke v. Onondaga Landfill Systems, Inc.New York Court of Appeals · 1987
  3. Crater Club, Inc. v. Adirondack Park AgencyAppellate Division of the Supreme Court of the State of New York · 1982
  4. Crater Club, Inc. v. Adirondack Park AgencyNew York Court of Appeals · 1982
  5. Campion v. New York State Adirondack Park AgencyAppellate Division of the Supreme Court of the State of New York · 1992

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