IN THE MATTER OF SAVE PINE BUSH, INC. v. COMMON COUNCIL OF CITY OF ALBANY


56 A.D.3d 32 (2008)

865 N.Y.S.2d 365

In the Matter of SAVE THE PINE BUSH, INC., et al., Respondents-Appellants, v. COMMON COUNCIL OF THE CITY OF ALBANY et al., Appellants-Respondents.

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

October 9, 2008.


Attorney(s) appearing for the Case

John J Reilly, Corporation Counsel, Albany (Jeffrey V. Jamison of counsel), for Common Council of the City of Albany, appellant-respondent.

Whiteman, Osterman & Hanna, Albany (Thomas A. Shepardson of counsel), for Tharaldson Development Company, appellant-respondent.

Stephen F Downs, Selkirk, for respondents-appellants.

ROSE and STEIN, JJ., concur with KAVANAGH, J.; MERCURE, J.P., and SPAIN, J., dissent in a separate opinion by MERCURE, J.P.


OPINION OF THE COURT

KAVANAGH, J.

Petitioner Save the Pine Bush, Inc. is an organization that lists as its purpose, among other things, the protection and preservation of the Karner blue butterfly—which is listed on the federal and state endangered species lists—and its habitat, as well as other species that live in the Pine Bush in Albany County. The Pine Bush Preserve is an area of land, several thousand acres large, set aside by the City...

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