NY Court of Appeals Rejects SEQRA and Consistency with LWRP and Zoning Ordinance Claims Finds Moot Issue

Posted by: Patricia Salkin | June 30, 2023

NY Court of Appeals Rejects SEQRA and Consistency with LWRP and Zoning Ordinance Claims Finds Moot Issue

The petitioner filed Section 78 which continues to invalidate the Erie Canal Port Development Corporation’s designation of negative statements under SEQRA with respect to the construction project and for the City of Buffalo’s annual determination that the project is consistent with the Local City Waterfront Revitalization Program and City zoning regulations. However, the applicant did not move for temporary relief to order construction from continuing to await litigation. As a result, the court of appeals dismissed the matter as moot because construction had progressed to the point that it was now substantially completed.

In the Buffalo/Niagara, Inc. Women’s League Voter Issue v Erie Canal Harbor Development Corporation, 2023 WL 4283549 (NYAD 4 Dept. 30/6/2023)


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