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MATTER OF SIERRA CLUB v. TOWN OF N. CASTLE, NY

2018-04394. Index No. 61103/17.

200 A.D.3d 694 (2021)

154 N.Y.S.3d 846

2021 NY Slip Op 06693

In the Matter of Sierra Club, Appellant, v. Town of North Castle, NY, et al., Respondents, et. al., Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided December 1, 2021.

Attorney(s) appearing for the Case

Lippes & Lippes, Buffalo, NY ( Richard J. Lippes of counsel), for appellant.

Stephens, Baroni, Reilly & Lewis, LLP, White Plains, NY ( Gerald D. Reilly of counsel), for respondents-respondents Town of North Castle, NY, Town of North Castle, NY Planning Board, and Town of North Castle Town Board.

Cuddy & Feder LLP, White Plains, NY ( William S. Null , Andrew P. Schriever , and Leanne M. Shofi of counsel), for respondent-respondent 11 New King Street, LLC.

Rivera, J.P., Iannacci, Ford and Dowling, JJ., concur.

Ordered that the order and judgment is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

The petitioner commenced this proceeding pursuant to CPLR article 78, inter alia, to annul the adoption of Local Law No. 3 of 2017 of the Town of North Castle (hereinafter the Local Law), which amended the Town's zoning ordinance to allow structured parking as a special permit use in the Industrial AA zoning district. The Local...

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