New York Court of Appeals
In the Matter of Sierra Club, Appellants v. Village of Painted Post, Respondents
November 19, 201526 N.Y.3d 301
Summary
The New York Court of Appeals reversed the Appellate Division, holding that petitioner John Marvin has standing to challenge the Village's water sale and rail loading facility under SEQRA because his alleged noise injury is distinct from that of the public at large, and that the Village's designation of the water sale as a Type II action and its segmented SEQRA review were arbitrary and capricious. The matter was remanded for further consideration of the SEQRA issues.