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METRO v. CROTON-ON-HUDSON

5 N.Y.3d 236 (2005)

833 N.E.2d 1210

800 N.Y.S.2d 535

In the Matter of METRO ENVIRO TRANSFER, LLC, Appellant, v. VILLAGE OF CROTON-ON-HUDSON et al., Respondents.

Court of Appeals of the State of New York.

Decided July 6, 2005.

Attorney(s) appearing for the Case

Zarin & Steinmetz, White Plains (David S. Steinmetz, Daniel M. Richmond and Jody T. Cross of counsel), for appellant.

Arnold & Porter LLP, New York City (Michael B. Gerrard and Richard Webster of counsel), for respondents.

Donna M.C. Giliberto, Albany, for New York State Conference of Mayors and Municipal Officials, amicus curiae.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

ROSENBLATT, J.

The question in this appeal is whether a village board's decision not to renew a special use permit was supported by substantial evidence. We hold that it was.

In 1998, Croton-on-Hudson's Village Board of Trustees approved a three-year special use permit for a solid waste transfer facility operated by Metro Enviro, LLC.1 The permit contained...

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