Har Enterprises v. Town of Brookhaven

548 N.E.2d 1289, 74 N.Y.2d 524, 549 N.Y.S.2d 638, 1989 N.Y. LEXIS 3351
CourtNew York Court of Appeals
DecidedNovember 30, 1989
StatusPublished
Cited by91 cases

This text of 548 N.E.2d 1289 (Har Enterprises v. Town of Brookhaven) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Har Enterprises v. Town of Brookhaven, 548 N.E.2d 1289, 74 N.Y.2d 524, 549 N.Y.S.2d 638, 1989 N.Y. LEXIS 3351 (N.Y. 1989).

Opinion

OPINION OF THE COURT

Hancock, Jr., J.

We granted petitioner leave to appeal in order to address a question pertaining to standing: whether an owner of property which is the subject of a zone change must plead specific environmental harm to challenge the sufficiency of an agency’s efforts to comply with SEQRA. We hold that where, as here, the very subject of the proposed action (ECL 8-0105 [4]) is petitioner’s property, petitioner is presumptively adversely affected by the violation of SEQRA requirements and that no such specific allegation is necessary (see, Matter of Sun-Brite Car Wash v Board of Zoning & Appeals, 69 NY2d [527]*527406, 413-414, 415-416). Although we differ with the Appellate Division on this standing issue, we agree with its determination on the merits that the agency "complied with the mandates of SEQRA” (145 AD2d 562, 563). Accordingly, there should be an affirmance.

I

Petitioner is the owner of three parcels of land totaling approximately 60 acres in the Town of Brookhaven. From 1971 until January 1987 all three parcels had a zoning classification which permitted commercial use. In September 1986 petitioner entered into a contract to construct a 45,000 square foot supermarket on the largest parcel. On December 2, 1986 respondent town held a public hearing to determine whether all three parcels should be rezoned for residential use. After the hearing but before taking any action on the proposed zone change, the town, acting as lead agency,

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Bluebook (online)
548 N.E.2d 1289, 74 N.Y.2d 524, 549 N.Y.S.2d 638, 1989 N.Y. LEXIS 3351, Counsel Stack Legal Research, https://law.counselstack.com/opinion/har-enterprises-v-town-of-brookhaven-ny-1989.