Monteiro v. Town of Colonie

158 A.D.2d 246, 558 N.Y.S.2d 730, 1990 N.Y. App. Div. LEXIS 8599
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJuly 19, 1990
StatusPublished
Cited by24 cases

This text of 158 A.D.2d 246 (Monteiro v. Town of Colonie) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Monteiro v. Town of Colonie, 158 A.D.2d 246, 558 N.Y.S.2d 730, 1990 N.Y. App. Div. LEXIS 8599 (N.Y. Ct. App. 1990).

Opinion

OPINION OF THE COURT

Levine, J.

Petitioner, as a resident of the Town of Colonie (hereinafter the Town), Albany County, and another person allegedly similarly situated, brought this CPLR article 78 proceeding to challenge a determination of respondent Planning Board of the Town giving final approval to plans for a proposed major expansion of the Colonie Center Shopping Mall (hereinafter Colonie Center). Colonie Center is a large multistore shopping mall, originally built in the 1960s, serving the Capital District and bordered by Central Avenue, Wolf Road and Sand Creek Road in the Town. Of the grounds for annulment set forth in the petition, the only one pressed on appeal is that the Planning Board violated the State Environmental Quality Review Act (ECL art 8) (hereinafter SEQRA) by approving this expansion project without first requiring the processing and completion of an environmental impact statement. Prior to answering the petition, respondents moved to dismiss on the grounds that petitioners lack standing, that all of the causes of action were time barred by the applicable four-month Statute of Limitations (see, CPLR 217) and that petitioners were guilty of laches.

Supreme Court ruled that both petitioners had standing but that they were barred from proceeding by both the Statute of Limitations and the doctrine of laches.

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Bluebook (online)
158 A.D.2d 246, 558 N.Y.S.2d 730, 1990 N.Y. App. Div. LEXIS 8599, Counsel Stack Legal Research, https://law.counselstack.com/opinion/monteiro-v-town-of-colonie-nyappdiv-1990.