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December 26, 2014
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New York court upholds towns’ zoning power; DEC does not trump local rules


“The town, in its review of, among other things, the environmental impact of the proposed quarry under its zoning regulations, will necessarily take into consideration and abide by DEC’s SEQRA determination and mining permit approval, but these DEC determinations do not displace local special-use permit review. Of course, the town’s ultimate determination is subject to Civil Practice Law and Rules (CPLR) Article 78 review, and will be upheld only if it is rational and supported by substantial evidence.”

The case has similarities with two cases that are now working their way through the appellate court in which towns have passed bans on high-impact activities such as gas drilling with hydraulic fracturing.