Residents Against Wal-Mart v. Planning Board of Town
Cases that cite this one
6 later published cases cite this decision.
- DAWLEY, DESIREE v. WHITETAIL 414, LLC (Appellate Division of the Supreme Court of New York 2015)
- Matter of Williamsviile Residents Opposed To Blocher Redevelopment, LLC v. Village of Williamsville Planning & Architectural Review Bd. (Appellate Division of the Supreme Court of New York 2022)
- WELLSVILLE CITIZENS FOR RESPONSIBL v. WAL-MART STORES, INC. (Appellate Division of the Supreme Court of New York 2016)
- Wellsville Citizens for Responsible Development, Inc. v. Wal-Mart Stores, Inc. (Appellate Division of the Supreme Court of New York 2016)
- Wellsville Citizens for Responsible Development, Inc. v. Wal-Mart Stores, Inc. (Appellate Division of the Supreme Court of New York 2016)
- Hartford/North Bailey Homeowners Ass'n v. Zoning Board of Appeals (Appellate Division of the Supreme Court of New York 2009)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Appeal from a judgment (denominated judgment and order) of the Supreme Court, Monroe County (John J. Ark, J.), entered May 1, 2008. The judgment granted the motion of respondents and dismissed the CPLR article 78 petition.
It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.
Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking, inter alia, to annul the determination of respondent Planning Board of Town of Greece (Planning Board) issuing a negative declaration pursuant to article 8 of the Environmental Conservation Law (State Environmental Quality Review Act [SEQRA]) and granting site plan approval for tbe construction of, inter alia, a Wal-Mart Supercenter (project). Petitioner appeals from a judgment dismissing the petition. We affirm.
Contrary to the contention of petitioner, however, that part of the Planning Board’s determination granting site plan approval of the project was not arbitrary and capricious based on the alleged failure of the project to comply with certain zoning ordinance setback requirements (see generally Matter of Frishman v Schmidt, 61 NY2d 823, 825 [1984]; Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222, 230-231 [1974]). We reject petitioner’s further contention that the project is inconsistent with any comprehensive master plan of the Town of Greece.
Petitioner also contends that the negative declaration of the Planning Board must be annulled because the Planning Board failed to complete parts 2 and 3 of the full environmental assessment form (EAF) pursuant to SEQRA. We reject that contention inasmuch as the minutes of the final Planning Board meeting at which the project was discussed establish that the Planning Board in fact addressed the factors set forth in parts 2 and 3 of the full EAF (see Matter of Coursen v Planning Bd. of Town of Pompey, 37 AD3d 1159, 1160 [2007]).
Contrary to the further contention of petitioner, the Planning Board complied with the requirements of General Municipal Law §§ 239-m and 239-n. In our view, the record does not demonstrate a deficiency in the materials referred to the Monroe County Department of Planning and Development (DPD) or a
Case-law data current through December 31, 2025. Source: CourtListener bulk data.