New York Court of Appeals

Webster Associates, and Peter Wahl v. Town of Webster

June 14, 198359 N.Y.2d 220

Summary

The New York Court of Appeals reversed the Appellate Division, holding that the Town Board lacked authority to approve Expressway Associates’ rezoning after the Planning Board had rejected the preliminary development plan, and that the SEQRA deficiency was not fatal. The Court also found no bias requiring disqualification of the chairman. Judgment was entered in favor of the appellants.