(Download) "Matter Save Pine Bush v. City Albany Et Al." by Court of Appeals of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Matter Save Pine Bush v. City Albany Et Al.
- Author : Court of Appeals of New York
- Release Date : January 11, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
[70 N.Y.2d 193 Page 200] Opinion OF THE COURT The clash between the goals of environmental preservation and commercial development of the Pine Bush area of the City of Albany has given rise to this dispute. Plaintiffs-petitioners allege that violations of the State Environmental Quality Review Act (SEQRA) should render the City's enactment of three ordinances which open the Pine Bush to commercial development invalid and that the first of the ordinances is vague and constitutes an overbroad delegation of authority. First, we hold that a proceeding alleging SEQRA violations in the enactment of legislation must be commenced within four months of the date of enactment of the ordinance. Thus, the SEQRA challenges to the first two ordinances are untimely. In addition, the cause of action alleging vagueness and an overbroad delegation of authority in the first ordinance, although timely, is not meritorious. We also hold, however, that when an action with potential adverse effects on the environment is part of an integrated project designed to balance conflicting environmental goals within a subsection of a municipality that is ecologically unique, the potential cumulative impact of other proposed or pending projects must be considered pursuant to SEQRA before the action may be approved. Without this consideration, approval of the third ordinance enacted by the City was arbitrary and capricious and must be declared null and void.
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