CITY OF SCHENECTADY v. FLACKE


100 A.D.2d 349 (1984)

In the Matter of City of Schenectady et al., Appellants, v. Robert F. Flacke, as Commissioner of the Department of Environmental Conservation of The State of New York, et al., Respondents. (Proceeding No. 1.) In the Matter of Second Reformed Church of Rotterdam, Inc., Also Known as Cobblestone Reformed Church, et al., Respondents, v. City of Schenectady et al., Appellants, and New York State Department of Environmental Conservation et al., Respondents. (Proceeding No. 2.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

April 12, 1984


Attorney(s) appearing for the Case

Tabner, Carlson & Farrell (Paul J. Laudato of counsel), for appellants.

John A. Shields (Richard R. Rowley of counsel), for Wilmorite, Inc., respondent.

Robert Abrams, Attorney-General (Francis J. Keehan of counsel), for Robert F. Flacke, respondent.

Rowley, Forrest & O'Donnell, P. C. (Richard R. Rowley of counsel), for Second Reformed Church of Rotterdam, Inc., and another, respondents.

MAIN, MIKOLL, YESAWICH, JR., and HARVEY, JJ., concur.


MAHONEY, P. J.

After extensive hearings pursuant to the State Environmental Quality Review Act (SEQRA) (ECL art 8) in which Wilmorite, Inc., the City of Schenectady and the Town of Niskayuna participated, the Department of Environmental Conservation (DEC) gave Wilmorite permission to construct a shopping center in the vicinity of the Great Flats Aquifer, which is...

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