Save Open Space v. Planning Board of Newburgh

In 2004 the respondent Wilder Balter Partners, Inc. (herein*886after WBP), submitted an application to the respondent Planning Board of the Town of Newburgh (hereinafter the Planning Board) for permission to build an approximately 850,000 square-foot shopping mall on property in Newburgh, New York. The Planning Board declared itself lead agency on the project and issued a positive declaration under the State Environmental Quality Review Act (ECL art 8 [hereinafter SEQRA]). On May 4, 2006 the Planning Board accepted as complete WBP’s draft environmental impact statement (hereinafter the DEIS). A…