NY Appellate Court docket docket Finds Homeowners Had been Not in Shut Proximity to the Matter Property to Give Rise to Standing

This put up was authored by Matthew Loescher, Esq.

Formation-Shelbourne was the potential purchaser of property owned by the respondent Alfred H. Krautter and positioned throughout the Metropolis of Greenburgh. Formation-Shelbourne utilized to the respondent Metropolis Board of the Metropolis of Greenburgh for a selected permit in relation to its proposed improvement of an assisted residing facility on the property. Following a listening to, the Metropolis Board authorised a choice granting Foundation-Shelbourne a selected permit for the problem. The particular person petitioners/plaintiffs, who resided throughout the neighborhood of the proposed facility, together with the petitioner/plaintiff organizations, commenced this hybrid persevering with pursuant to CPLR article 78 to analysis the Metropolis Board’s willpower, which granted the equipment of the defendant Formation-Shelbourne Senior Residing Firms, LLC, for a selected permit related to the proposed improvement of an assisted residing facility, and movement for related declaratory and injunctive discount. On this case, petitioners enchantment from an order and judgment of the Supreme Court docket docket, Westchester County that granted the separate motions of the defendants to dismiss the petition/criticism.

Proper right here, whereas the courtroom well-known that an allegation of shut proximity may give rise to an inference of damage or injury that permits a close-by property proprietor to downside a land use decision with out proof of exact injury, the particular person petitioners/plaintiffs failed to find out that their properties had been positioned in satisfactory proximity to the proposed progress to supply rise to such an inference. Moreover, the petitioners/plaintiffs’ generalized allegations that the Metropolis Board’s willpower would possibly result in a public safety hazard didn’t set forth an exact injury distinct from that suffered by most people at large. Given that standing of the petitioner/plaintiff organizations—Council of Greenburgh Civic Associations and Edgemont Group Council—was dependent upon the standing of the particular person petitioners/plaintiffs, the petitioner/plaintiff organizations moreover lack standing. Accordingly, the order and judgment of the trial courtroom was affirmed.

Council of Greenburgh Civic Associations v Metropolis Board of the Metropolis of Greenburgh, 2022 WL 468421 (NYAD 2 Dept. 2/16/2022)