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BRIGHTON v. MW PROPS.

304 A.D.2d 53 (2003)

757 N.Y.S.2d 399

In the Matter of BRIGHTON RESIDENTS AGAINST VIOLENCE TO CHILDREN, INC., Respondent, v. MW PROPERTIES, LLC, et al., Appellants, et al., Respondent. (Appeal No. 1.)

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

March 21, 2003.

Attorney(s) appearing for the Case

Lacy, Katzen, Ryen & Mittleman, LLP, Rochester (Richard Glen Curtis of counsel), for MW Properties, LLC and another, appellants.

Wolford & Leclair LLP, Rochester (Paul L. Leclair of counsel), for Town of Brighton and others, appellants.

Knauf Shaw LLP, Rochester (Alan J. Knauf of counsel), for respondent.

Roger K. Evans, New York City, and Rebekah Diller for Planned Parenthood of the Rochester/Syracuse Region and another, amici curiae.

William D. Mc Ginn, Rochester, for Feminists for Life of New York, amicus curiae.

GREEN, SCUDDER, GORSKI and LAWTON, JJ., concur.

OPINION OF THE COURT

PIGOTT, JR., P.J.

The dispositive issue presented in this appeal is whether petitioner, Brighton Residents Against Violence to Children, Inc., has standing to bring this proceeding seeking to annul administrative approval of construction of a berm on property located in the Town of Brighton (Town). For the reasons that follow, we conclude that petitioner lacks standing, and thus we conclude that Supreme Court should have granted the...

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