The Appellate Division, Third Department recently accepted an appellate brief authored by Couch White attorneys Adam Schultz and Alita Giuda. The Appellate Brief was prepared on behalf of New York Construction Materials Association and Associated General Contractors of New York, and was submitted in support of Troy Sand & Gravel’s more than 10 year effort to establish a quarry in the Town of Nassau, New York. The brief argues that the proposed quarry, as a use permitted by the Town’s zoning law, is necessarily in harmony with the district in which it is to be established. The brief also addresses the impropriety of the Town deliberately ignoring the Appellate Division’s previous directive that pursuant to state law the Town could not conduct a second, separate SEQRA review of the quarry application.
The matter is expected to be heard by the court in fall 2017. This is the second amicus brief that Couch White has been asked to submit in this matter. The first brief was instrumental in the February 2015 decision in this matter that clearly established that, pursuant to SEQRA, only a single, coordinated environmental review of the quarry application was authorized (see news item from February 20, 2015).
For more information, contact Alita Giuda.