Appellate Court Upholds Denial of Petitions Due to Lack of Standing

Petitioners leased and operated a gas station and convenience store on a piece of property adjacent to the property owned by Respondent R & D Hotel. Respondent R &D proposed a redevelopment project on its property to remove the existing hotel structures and create and lease four new buildings, along with new parking and utilities, for a fast food restaurant, a fueling station with a kiosk for staff, a bank/retail building, and a three-story hotel. Petitioners commenced two proceedings challenging determinations made by Respondents Town of Poughkeepsie Planning Board (“Board”) and Town of Poughkeepsie Zoning Board of Appeals (“ZBA”) with regard to the proposed project. The Supreme Court denied the petitions and dismissed the proceedings on the ground that Petitioners lacked standing. Petitioners appealed.

On appeal, the Appellate Division, Second Department affirmed the dismissal due to lack of standing. Petitioners alleged that they hand standing “on the basis of proximity, issues and interests within the zone of interests, and adverse impacts including: traffic impacts, impacts arising from issues of compliance with the land use laws, rules, regulations, and procedures of the town, community character impacts, and access issues related to an interconnection between the subject property and the petitioners’ property.” However, the Court found Petitioners failed to establish that they would suffer any harm that was distinct from that of the community at large. Furthermore, Petitioners did not have standing on the basis of any alleged access issues related to an interconnection between the subject property and their own, as they failed to establish any right of access and failed to allege any potential adverse impact of the interconnection's closure. Accordingly, the Court held that the Supreme Court properly denied the petitions and dismissed the proceedings.

The case was CPD NY Energy Corp. v. Town of Poughkeepsie Planning Bd., 139 A.D.3d 942 (2d Dep’t 2016).

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