ANNEXATION - NEW YORK

City of Johnstown v. Town of Johnstown

Supreme Court, Appellate Division, Third Department, New York - January 14, 2016 - N.Y.S.3d - 2016 WL 155582 - 2016 N.Y. Slip Op. 00220

City filed petition to determine whether proposed annexation of property in town was in over-all public interest. Property owner intervened. Town moved to dismiss.

The Supreme Court, Appellate Division held that owner’s environmental assessment form (EAF) did not satisfy his obligation to provide environmental impact statement in support of annexation.

Property owner’s submission of environmental assessment form (EAF) did not satisfy his obligation under State Environmental Quality Review Act (SEQRA) to provide environmental impact statement in support of city’s proposed annexation of his property in neighboring town after town determined that action would include potential for at least one significant adverse environmental impact.



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