RIVERKEEPER v. PLANNING BD.


9 N.Y.3d 219 (2007)

881 N.E.2d 172

851 N.Y.S.2d 76

In the Matter of RIVERKEEPER, INC., Respondent, v. PLANNING BOARD OF TOWN OF SOUTHEAST et al., Appellants. In the Matter of RICHARD FEUERMAN et al., Respondents, v. PLANNING BOARD OF TOWN OF SOUTHEAST et al., Appellants. In the Matter of CROTON WATERSHED CLEAN WATER COALITION, INC., et al., Respondents, v. PLANNING BOARD OF TOWN OF SOUTHEAST et al., Appellants. In the Matter of CHERIE INGRAHAM et al., Respondents, v. PLANNING BOARD OF TOWN OF SOUTHEAST et al., Appellants.

Court of Appeals of the State of New York.

Decided November 19, 2007.


Attorney(s) appearing for the Case

Willis H. Stephens, Jr., Town Attorney, Brewster, for Planning Board of the Town of Southeast, appellant in the first three above-entitled proceedings.

Keane & Beane, P.C., White Plains (Richard L. O'Rourke, Judson K. Siebert and Edward J. Phillips of counsel), and Chadbourne & Parke LLP, New York City (Alan I. Raylesberg and Thomas E. Butler of counsel), for Glickenhaus Brewster Development, Inc., appellant in the first three above-entitled proceedings.

James L. Simpson, White Plains, for Riverkeeper, Inc., respondent in the first above-entitled proceeding.

McMillan, Constabile, Maker & Perone, LLP, Larchmont (William Maker, Jr., of counsel), for Richard Feuerman and others, respondents in the second above-entitled proceeding.

James Bacon, New Paltz, for Croton Watershed Clean Water Coalition, Inc. and others, respondents in the third above-entitled proceeding.

Andrew M. Cuomo, Attorney General, Albany (Barbara D. Underwood, Benjamin N. Gutman, Katherine Kennedy and Philip M. Bein of counsel), for State of New York, amicus curiae in the first three above-entitled proceedings.

Michael E. Kenneally, Jr., Albany, and Riele J. Morgiewicz for Association of Towns of State of New York and another, amici curiae in the first three above-entitled proceedings.

Shamberg Marwell Davis & Hollis, P.C., Mount Kisco (John S. Marwell, Diana Bunin and Carrie E. Hilpert of counsel), for Building and Realty Institute of Westchester & the Mid-Hudson Region, amicus curiae in the first three above-entitled proceedings.

Sive, Paget & Riesel, PC, New York City (Mark A. Chertok and Elizabeth Knauer of counsel), and Fried, Frank, Harris, Shriver & Jacobson LLP (Richard G. Leland and Susanna J. Gray of counsel) for Real Estate Board of New York, Inc., amicus curiae in the first three above-entitled proceedings.

Willis H. Stephens, Jr., Town Attorney, Brewster, for Planning Board of the Town of Southeast, appellant in the fourth above-entitled proceeding.

Keane & Beane, P.C., White Plains (Richard L. O'Rourke, Judson K. Siebert and Edward J. Phillips of counsel), and Chadbourne & Parke LLP, New York City (Alan I. Raylesberg and Thomas E. Butler of counsel), for Glickenhaus Brewster Development, Inc., appellant in the fourth above-entitled proceeding.

McMillan, Constabile, Maker & Perone, LLP, Larchmont (William Maker, Jr., and Gary Kyme of counsel), for respondents in the fourth above-entitled proceeding.

Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.


OPINION OF THE COURT

Chief Judge KAYE.

At the heart of the two appeals before us is the impact of environmental and regulatory change on a residential development that has been in the planning and review stages for nearly 20 years. The particular question presented is whether the Planning Board of the Town of Southeast, lead agency under the State Environmental Quality Review Act (SEQRA), both took the requisite hard look at project and regulatory changes...

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