Tuxedo Land Trust, Inc. v. Town Board of Town of Tuxedo
Opinion of the Court
In a hybrid proceeding pursuant to CPLR article 78, inter alia, to review a determination of the Town Board of the Town of Tuxedo dated November 22, 2010, which, among other things, approved a findings statement pursuant to the State Environmental Quality Review Act (ECL art 8) and approved an amend
Ordered that on the Court’s own motion, the notice of appeal from so much of the order as granted those branches of the motions which were pursuant to CPLR 7804 (f) to dismiss so much of the first through fifth and twelfth causes of action as sought relief pursuant to CPLR article 78 is treated as an application for leave to appeal from that portion of the order, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,
Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable to the respondents/defendants appearing separately and filing separate briefs.
Tuxedo Reserve Owner, LLC (hereinafter the owner), owns a parcel of approximately 2,400 acres of land in the Town of Tuxedo which is the subject of this hybrid proceeding and action. In 2004, following review pursuant to the State Environmental Quality Review Act (ECL art 8; hereinafter SEQRA), the Town Board of the Town of Tuxedo (hereinafter the Town Board) granted the owner a special permit and preliminary plat approval permitting a mixed use development of more than 1,000 dwelling units as well as nonresidential development. In 2007 the owner applied for amendments, which were granted. In this hybrid proceeding and action, the petitioners/plaintiffs (hereinafter the petitioners) challenge the granting in 2010 of a third application for amendments, after review of certain aspects of the amendments pursuant to SEQRA. In the order and judgment appealed from, the Supreme Court granted those branches of the separate motions of the respondents/defendants which were to dismiss, insofar as asserted against each of them, the first through fifth and twelfth causes of action, each of which allege violations of SEQRA, on the ground that the petitioners lacked standing to assert those causes of action.
To establish standing under SEQRA, a petitioner must show (1) an environmental injury that is in some way different from
Since the standing of the petitioner organizations — Tuxedo Land Trust, Inc., and the Torne Valley Preservation Association — is dependent upon the standing of the individual petitioners (see Matter of Finger Lakes Zero Waste Coalition, Inc. v Martens, 95 AD3d 1420, 1421 [2012]; Matter of Bloodgood v Town of Huntington, 58 AD3d 619, 622 [2009]), the petitioner organizations also lack standing.
Therefore, the Supreme Court properly granted those branches of the separate motions of the respondents/defendants which were to dismiss the first through fifth and twelfth causes of action insofar as asserted against each of them for lack of standing. Dillon, J.R, Dickerson, Cohen and Hinds-Radix, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.