Couch White’s Environmental Practice Group secured a significant victory for the City of Kingston in recent Article 78 proceedings challenging the City’s actions in connection with the SEQRA review of the proposed demolition of City-owned canopies located in uptown Kingston, NY.
On January 14, 2026, the Supreme Court, Ulster County denied, in full, two petitions filed against the City by a group of business owners who opposed the demolition of a series of canopies that were in part affixed to their downtown Kingston properties, commonly known as the Pike Plan. The Petitioners sought to invalidate resolutions adopted by the City’s Common Council that issued a Negative Declaration regarding the environmental impacts of related to demolition, and any necessary restoration related to dismantling the canopies, as well as the proposed method of municipal funding for the project.
This follows an earlier decision in August 2025, in which the court dismissed six of the ten causes of action asserted against the City, including claims alleging violations of the NYS Open Meetings Law and various municipal statutes. After motion practice, the remaining challenges focused on the adequacy of the SEQRA negative declaration and the denial of landmark status by the Kingston Historic Landmarks Preservation Commission (KHLPC).
Through carefully crafted arguments, Couch White Partner Alita Giuda, drew upon her extensive experience in municipal and environmental law to successfully defend the City’s decision making process. The court ultimately ruled in favor of the City of Kingston, finding that the petitioners claims concerning the Common Council’s designation as lead agency, classification of the project, alleged abdication of duty, and preparation of the Environmental Assessment form, were without merit. The Court further concluded that the City’s boards and councils acted within their respective authority and advisory roles throughout the process, had taken a “hard look” pursuant to SEQRA, and that their determinations were not “irrational, arbitrary and capricious, [n]or affected by any error of law.”
For more information on Couch White’s Environmental practice group, visit: https://www.couchwhite.com/practice-areas/environmental
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