BALUNAS v. OWEGO


56 A.D.3d 1097 (2008)

867 N.Y.S.2d 788

EDWARD W. BALUNAS et al., Respondents, v. TOWN OF OWEGO, Appellant.

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

November 26, 2008.


Malone Jr., J.

Plaintiffs commenced this action seeking damages and a permanent injunction prohibiting defendant from constructing a water tank—35 feet in diameter and 30 feet high—on a parcel of land that abuts their property. Specifically, plaintiffs alleged that defendant violated the State Environmental Quality Review Act (see ECL art 8 [hereinafter SEQRA]), that defendant's construction of the tank would constitute an unlawful taking, and...

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